Full record / SA default reply 24-004053.pdf

SA default reply 24-004053.pdf

Daniel Zuckerbrod, Petitioner Vs. City Of Southfield, Respondent · 24-004053-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

DANIEL & DAPHNA ZUCKERBROD, 

 

 

 

Petitioner, 

 

v 

 

CITY OF SOUTHFIELD, 

 

 

 

Respondent. 

 

 

 

MTT Docket No. 24-004053 

 

 

_____________________________________________________________________________/ 

 

THOMAS P. CHRISTY (P55593) 

DEAN & FULKERSON, P.C. 

Attorney for Petitioner 

100 W. Big Beaver, Suite 650 

Troy, MI 48084 

(248) 362-1300 

 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821) 

HALLAHAN & ASSOCIATES, P.C. 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

(248) 731-3089 

_____________________________________________________________________________/ 

 

RESPONDENT’S RESPONSE IN OPPOSITION TO PETITIONER’S MOTION TO SET 

ASIDE DEFAULT 

 

Respondent, City of Southfield, by and through its attorneys, Hallahan & Associates, P.C., 

states the following in opposition to Petitioner’s Motion to Set Aside Default: 

 

1. 

On April 4, 2025 Petitioner was held in default for failing to file a proof of service 

relative to the Severed Petition filed in this case and allowed 14 days to cure the defect. Since then: 

• Petitioner filed a defective Proof of Service on February 18, 2025; 

• On May 27, 2025 the default was vacated, the vacating order set aside as incorrect, 

and the default extended by another 14 days. Petitioner was also informed that it 

would need to file a “Motion to Set Aside Default [and] pay the $50.00 fee required 

for the filing of the motion.”

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• On June 5, 2025 Petitioner filed a Proof of Service but no Motion or Motion filing 

fee; 

• On June 23, 2025 the Default was extended for another 14 days and Petitioner was 

again reminded of the requirements to set aside default; 

2. 

In short, Petitioner was provided a total of 36 days to cure the issue giving rise to 

the default over a total time period of 41 days due to the date the Orders were issued. Despite that, 

Petitioner didn’t actually timely file its Motion as the final time period expired on July 7, 2025.1 

3. 

 Petitioner has had multiple opportunities to cure the default, was repeatedly warned 

that failure to do so would result in a dismissal, and has apparently failed to either correctly read 

the multiple orders or has purposefully chosen to defy the Tribunal. As warned by the Tribunal, 

the only appropriate remedy is dismissal as Petitioner’s actions have needlessly delayed this 2024 

appeal such that we are in the latter half of 2025 and not yet close to even having the case put on 

a prehearing general call for a 2024 tax year appeal. There is no good cause to set aside the default 

and there exists good cause to dismiss the case. That Petitioner did not even attempt to address its 

failure to timely file the Motion is proof of this. 

WHEREFORE, Respondent respectfully asks the Tribunal to deny Petitioner’s Motion for 

Default and Dismiss the Appeal for Petitioner’s repeated noncompliance with Tribunal rules. 

HALLAHAN & ASSOCIATES, P.C. 

 

 

1 While dated July 7 the motion is docketed as if filed July 8, 2025.

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/s/ Seth A. O’Loughlin________________ 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Dated: July 25, 2025 

(248) 731-3089 

 

 

 

 

PROOF OF MAILING 

 

On the date below I sent by electronic mail a copy of the foregoing Motion to Set Aside Default to: 

 

Thomas D. Christy 

Dean & Fulkerson, P.C. 

tchristy@dflaw.com 

 

I declare that the statement above is true to the best of my information, knowledge and belief. 

 

 

/s/ Seth A. O’Loughlin_________________ 

Dated: July 25, 2025 

Seth A. O’Loughlin

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