Llewellyn et al v. Moritz

Filing 9

CONSENT JUDGMENT; this case is closed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PARKER LLEWELLYN and
BILL J. SHERER,
Plaintiffs,

No. 1:16-CV-793

v

HON. PAUL L. MALONEY

KEITH CREAGH, in his official capacity as
Director of the Michigan Department of
Natural Resources,
Defendant.
James A. Tanford
Attorney for Plaintiffs
2302 E. Woodstock Pl.
Bloomington, IN 47401
[phone]
[e-mail]

Robert P. Reichel (P31878)
Katie L. Barron (P75610)
Assistant Attorneys General
Attorneys for Defendant
Environment, Natural Resources,
and Agriculture Division
P.O. Box 30755
Lansing, MI 48909
[phone]
[e-mail]

Epstein Cohen Seif & Porter
Of Counsel
2303 Woodstock Pl
Bloomington, IN 47401
[phone]
[e-mail]
_____________________________________________________________________________/
CONSENT JUDGMENT
This case is before the Court upon filing of the complaint by Plaintiffs, Parker
Llewellyn and Bill J. Sherer, challenging the constitutionality of MCL 324.48714.

Plaintiffs and Defendant Keith Creagh, 1 in his official capacity as the Director of
the Michigan Department of Natural Resources (collectively “the Parties”),
previously agreed, and the Court entered an Order on August 1, 2016, to hold this
matter in abeyance and stay enforcement of MCL 324.48714 while proposed
legislation that would repeal MCL 324.48714 in its entirety was being considered.
The legislation that would have repealed MCL 324.48714 expired, without
enactment, at the end of the 2015-2016 legislative term. The Order staying
proceedings [Docket # 6] expired on January 9, 2017.
The Parties now wish to resolve this matter, with finality, and without
further litigation.
NOW THEREFORE, upon the consent of the Parties, by their attorneys, it is
hereby ORDERED AND ADJUDGED:
1.

The Michigan Department of Natural Resources will not enforce MCL

324.48714, in its present form, against the Plaintiffs; and
2.

Each party will bear its own costs and attorney fees.

IT IS SO ORDERED.
This Order resolves all pending claims and closes the case.

February 6, 2017
Dated: __________________

/s/ Paul L. Maloney
Honorable Paul L. Maloney
District Court Judge

Director William Moritz was succeeded by Keith Creagh as director on August 1,
2016. Pursuant to Fed. R. Civ. P. 25(a)(d), this action may be continued against Mr.
Creagh without a formal order of substitution.

1

2

IT IS HEREBY STIPULATED:

Dated: February 3, 2017

/s/ James A. Tanford
James A. Tanford
Attorney for Plaintiffs Parker
Llewellyn and Bill J. Sherer
2302 E. Woodstock Pl.
Bloomington, IN 47401
[phone]
[e-mail]

Dated: February 3, 2017

/s/ Robert P. Reichel
Robert P. Reichel (P31878)
Katie L. Barron (P75610)
Attorneys for Defendant Keith
Creagh, in his official capacity as
Director of the Michigan Department
of Natural Resources
P.O. Box 30755
Lansing, MI 48909
[phone]
[e-mail]

LF: Llewellyn, Parker/#2016-0142851-A-L /Judgment – Consent 2017-2-3

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