Setterington et al v. City of Warren et al

Filing 12

ORDER Granting in Part and Denying in Part re 3 MOTION for Preliminary Injunction - Signed by District Judge Judith E. Levy. (FMos)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Michael Shane Setterington, et al.,
Plaintiffs,
v.

Case No. 15-cv-13687
Hon. Judith E. Levy
Mag. Judge Michael J. Hluchaniuk

City of Warren, et al.,
Defendants.
________________________________/
ORDER GRANTING IN PART AND DENYING IN PART MOTION
FOR PRELIMINARY INJUNCTION [3]
On November 19, 2015, the Court held a hearing on defendants’
motion for a preliminary injunction. (Dkt. 3.) Testimony was taken
and oral argument was heard. For the reasons set forth on the record,
the Court determines that injunctive relief is warranted as set forth
below.
Accordingly, it is hereby ordered that:
Plaintiffs will permit, and defendants will conduct, all necessary
fire safety inspections for the property located at 29601 Hoover Road in
Warren, Michigan, as soon as possible, but no later than December 3,

2015, with defendants to provide to plaintiffs a report detailing any
violations of relevant code violations by that date;
Plaintiffs will permit, and defendants will conduct, all other
necessary inspections for the property located at 29601 Hoover Road in
Warren, Michigan, by December 21, 2015, with defendants to provide
to plaintiffs a report detailing any violations of relevant code violations
by that date;
Plaintiffs will abate or object to all identified violations set forth in
defendant’s report of violations by February 1, 2016;
Members of the public other than the owners, operators, and
employees of the businesses operating out of 29601 Hoover Road, as
well as their lawyers and inspectors and other officials for the city of
Warren are barred from entering 29601 Hoover Road until the fire
safety issues are addressed, so long as plaintiffs continue to use the
basement grow operation;
Plaintiffs will submit a request for a certificate of compliance for
any and all uses for the building located at 29601 Hoover Road that
have not previously been approved no later than November 20, 2015,

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and the City of Warren will respond to these requests in the normal
course;
The Court will hold a scheduling conference on December 17,
2015 at 10 A.M. at the Theodore Levin United States Courthouse
in Detroit, Michigan, Room 101.
IT IS SO ORDERED.
Dated: November 20, 2015
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on November 20, 2015.

s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

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