Order_Extending_Default.2024-10-11_09-24-32.0000.pdf
Dayna Black-Kozminski, Petitioner V City Of Benton Harbor, Respondent · 24-003387-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Dayna Black-Kozminski, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003387 City Of Benton Harbor, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.1 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 2 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.3 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: October 11, 2024 1 Grimm v Treasury, 291 Mich App 140 (2010). 2 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5). 3 See TTR 231.
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MTT Docket No. 24-003387 Page 2 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Dayna Black-Kozminski, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003387 City Of Benton Harbor, Respondent. ORDER EXTENDING TIME TO CURE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that an Order was entered holding a party in default and the defaulted party has failed to timely cure that default. However, no history of deliberate delay had been established prior to that party being held in default. As such, the defaulted party should be given another opportunity to cure the default, as provided by Grimm v Treasury.4 Therefore, IT IS ORDERED that Petitioner shall cure the default as required by the Order holding that party in default and file a Motion to Set Aside Default, with the appropriate filing fee, and proof demonstrating service of the Motion on the opposing party, within 14 days of the entry of this Order. 5 Failure to cure the default, as required by this Order, will result in the dismissal of the case, if Petitioner was held in default, or the conducting of a default hearing, if Respondent was held in default.6 By:_____________ ________________________ Patricia L. Halm, Tribunal Chair Entered: October 11, 2024 4 Grimm v Treasury, 291 Mich App 140 (2010). 5 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5). 6 See TTR 231.
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MTT Docket No. 24-003387 Page 4 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk