24-003366 Extend Default.pdf
Tdc Endeavor Three LLC, Petitioner V City Of Sandusky, Respondent · 24-003366-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 TDC Endeavor Three LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003366 City of Sandusky, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE ORDER EXTENDING THE TIME FOR PETITIONER TO CURE DEFAULT On October 1, 2024, Petitioner filed a motion requesting that the Tribunal set aside the default entered on September 4, 2024. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner was held in default because it did not pay the full required petition filing fee.1 Petitioner failed to cure the default and the Tribunal entered an order extending the time to cure on October 1, 2024. Though Petitioner timely responded and filed a motion to set the default aside, they failed to pay the filing fee for the motion and file proof evidencing service of the motion on Respondent. While Petitioner requests the motion filing fee be waived, they have not submitted a Fee Waiver Request Form. As a result, Petitioner’s attempt to cure the default is incomplete. While the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that Petitioner Motion to Set Aside Default is held in ABEYANCE. IT IS FURTHER ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure their default: pay the $25.00 motion filing fee and file proof of service of the motion on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of 1 The Order further stated, “Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003366 Page 2 of 2 this Order.3 Failure to comply with this Order shall result in dismissal of the case or the scheduling of a default hearing, as provided by TTR 231.4 Entered: October 30, 2024 By _____________________________ ssm 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 3 “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). 4 See also MCL 205.732.