24-004226 Extend Default (2).pdf
Ryan K Plew, Petitioner V Township Of Marion, Respondent · 24-004226-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 Ryan K Plew, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004226 Marion Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that Petitioner was held in default because Petitioner filed the wrong petition form for the issue being appealed. Petitioner timely responded but failed to cure the default, and the Tribunal entered an order extending the time to cure on January 16, 2025.1 Having now filed a signed petition using the proper Small Claims petition form, Petitioner has partially complied with the Tribunal’s orders. Petitioner failed, however, to file a Motion to Set Aside Default and proof that the motion was served on Respondent. Though 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 or conducting a default hearing for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file a Motion to Set Aside Default, and (2) file proof the motion was served on Respondent. A sample motion and proof of service is available at the Tribunal’s website, under SC Forms. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order.3 1 The January 16, 2025 Order Extending Time for Petitioner to Cure Default noted that, “[a]lthough Petitioner timely responded to the Order of Default, their attempt to cure is incomplete because Petitioner did not sign the petition as required by Tribunal rules.” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 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).
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MTT Docket No. 24-004226 Page 2 of 2 Failure to comply with this Order may result in the dismissal of the case, as provided by TTR 231.4 Entered: February 3, 2025 By _____________________________ smm 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 provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 4 See also MCL 205.732.