Motion to Set Aside Default and Proof of Service.pdf
Brays Investments LLC, Petitioner Vs. City Of Warren, Respondent · 25-002128-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL Brays Investments LLC, Petitioner, v. MTT Docket No. 25-002128 City of Warren, Respondent. Parcel No: 12-13-25-326-015 Barry Steinway Representative for Petitioners 21001 Groesbeck Warren, MI 48 (248)563-2544 basteinway@gmail.com Mary Michaels (P44601) Jennifer Pierce (57078) City of Warren Attorneys for Respondent One City Square, Suite 400 Warren, MI 48093 (586)574-4671 Jpierce@cityofwarren.org MOTION TO SET ASIDE DEFAULT Now comes the Petitioners, by and through their undersigned representative, and respectfully moves the Tribunal, pursuant to the Order Extending Time For Petitioner to Cure Default to set aside the default entered in this matter. In support of this motion, Petitioner states as follows: 1. The Tribunal entered a default against Petitioner for failure to file a Proof of Service as required by Tribunal rule. 2. Petitioner had, in fact, completed service of the Petition upon Respondent and prepared a Proof of Service contemporaneously, but through inadvertence and clerical oversight, the Proof of Service was not filed with the Tribunal. 3. Attached hereto as Exhibit A is the properly executed Proof of Service, showing timely service upon Respondent who has filed an Answer to the Petition. Petitioner has also filed the Proof of Service with the Tribunal concurrent with the filing of this Motion. 4. No prejudice will result to Respondent or to the Tribunal by setting aside the default, as the Respondent has filed their responsive pleading to the Petition. 5. Good cause exists for the Tribunal to set aside the default, as the failure to file the Proof of Service was an inadvertent procedural omission that has now been corrected, and the filing of this Motion and the Proof of Service is in compliance with the Order Extending Time to File as entered in this matter.
Page 2
WHEREFORE, Petitioner respectfully requests that the Tribunal: A. Set aside the default entered in this matter; B. Accept the attached Proof of Service as timely filed; C. Grant such other and further relief as is just and equitable. Respectfully submitted, Dated: November 12, 2025 /s/Barry Steinway Representative for Petitioners 21001 Groesbeck Warren, MI 48 (248)563-2544 basteinway@gmail.com PROOF OF SERVICE A copy of the above Motion with Exhibit attached was duly served upon Respondent’s counsel by delivering the same to their email address of record. /s/Barry Stteinway