4852-5781-1295.4 

Plaintiff,

v. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

WBCMT 2003-C9 ISLAND LIVING, LLC, 

Case No. 14-cv-14243 

Hon. Matthew F. Leitman 

SWAN CREEK LIMITED PARTNERSHIP, 

Defendant. 

_________________________________________________________________ 

STIPULATED JUDGMENT IN FAVOR OF WBCMT 2003-C9 ISLAND 

LIVING, LLC ON ITS CLAIM FOR BREACH OF CONTRACT/ 

ENFORCEMENT OF MORTGAGE SEEKING APPOINTMENT OF 

RECEIVER 

 Plaintiff WBCMT 2003-C9 Island Living, LLC (“Island Living” or 

“Plaintiff”) and Defendant, Swan Creek Limited Partnership (“Swan Creek” or 

“Defendant”) , hereby stipulate and agree to the following: 

1. On November 4, 2014, Island Living filed its Complaint for Breach 

of Contract and Enforcement of Mortgage, including Assignment of Rents and 

Appointment of a Receiver) and a Preliminary Injunction (the “Complaint”) 

[Dkt. No. 1]. 

2. Also on November 4, 2014, Island Living filed an ex parte Motion 

to Appoint Receiver (the “Receiver Motion”) over the mobile home community 

which was the subject of the mortgage (the “Property”) [Dkt. No. 2]. 
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3. On November 5, 2014, the Court denied the Receiver Motion on an 

ex parte basis and set a hearing to consider the merits of the Receiver Motion 

[Dkt. No. 5]. 

4. On November 13, 2014, Swan Creek responded to the Receiver 

Motion. [Dkt. Nos. 7 and 8], and on November 21, 2014, Island Living filed a 

reply brief in response [Dkt. No. 9]. 

5. On November 24, 2014, the Court held a hearing on the Receiver 

Motion and took the matter under advisement. 

6. On November 26, 2014, Island Living filed its Amended Complaint 

for Breach of Contract and Enforcement of Mortgage, including Assignment of 

Rents and Appointment of a Receiver) and a Preliminary Injunction (the 

“Amended Complaint”) [Dkt .No. 11]. 

7. On January 9, 2015, after a further telephonic status conference, the 

Court entered an order granting the Receiver Motion. [Dkt. No. 15]. The Court 

found that Island Living was entitled to a receiver upon Swan Creek’s admitted 

default under the terms of the Mortgage and Assignment of Rents. Id. at p.5. The 

Court further found that the circumstances of the case, including the risk to Island 

Living’s collateral if a Receiver were not appointed, weighed in favor of the 

appointment. Id. at p. 7. 
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8. On January 23, 2015, the Court entered an order appointing Victor 

Roth as Receiver and detailing the Receiver’s powers and duties (the “Receiver 

Order”) [Dkt. No. 18]. 

9. On December 1, 2016, the Wayne County Sheriff held a foreclosure 

sale for the Property. Island Living was the high bidder for the Property. 

10. On March 10, 2017, Swan Creek filed a motion to terminate the 

receivership and distribute funds held by the Receiver (the “Termination and 

Distribution Motion”) [Dkt. No. 44]. 

11. On March 24, 2017, Island Living filed its response to the 

Termination and Distribution Motion [Dkt. No. 45], and on March 31, 2017, 

Swan Creek filed its reply in support of the Termination and Distribution Motion 

[Dkt. No. 49]. 

12. On May 26, 2017, Swan Creek exercised its redemption rights to the 

Property under Michigan law and paid Island Living the redemption amount 

provided for by statute. At that point, title to the Property vested in Swan Creek, 

and Swan Creek sold the Property to a third party entity. 

13. On July 27, 2017, the Court held a hearing on the Termination and 

Distribution Motion. At the hearing, the Court ordered supplemental briefing be 

filed by each party. 
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14. On September 8, 2017, both Island Living and Swan Creek filed 

their supplemental briefs with respect to the Termination and Distribution Motion 

[Dkt Nos. 60 and 61]. 

15. On October 23, 2017, the Court issued an order denying the 

Termination and Distribution Motion (the “Termination and Distribution Order”) 

[Dkt. No. 63]. Furthermore, the Court concluded that the Receivership had 

terminated upon redemption and sale of the Property. Termination and 

Distribution Order, p. 12, f.3. 

16. On November 8, 2017, Swan Creek filed its Notice of Appeal 

regarding the Termination and Distribution Order [Dkt. No. 65]. 

17. The Parties filed their respective briefs with the Sixth Circuit Court 

of Appeals. 

18. On June 15, 2018, the Sixth Circuit Court of Appeals issued an 

opinion affirming the Termination and Distribution Order. [Dkt. No. 75]. 

The Court, having accepted the Parties’ stipulated facts, and being otherwise 

fully advised in the premises, IT IS HEREBY ORDERED: 

19. A judgment shall be entered in favor of Island Living and against 

Swan Creek on Island Living’s claim for Breach of Contract and Enforcement of 

Mortgage, in accordance with the prior orders entered in the case, but in no event 
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for any amount further due and owing from Swan Creek to Island Living. Each 

party shall bear its own costs. 

20. The Receiver shall file its final report with the Court within 30 days 

of the entry of this Judgment. 

21. Upon entry of this Judgment, the case will be closed. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: August 8, 2018 

STIPULATION 

 The undersigned parties hereby stipulate and agree to entry of the above 

Stipulated Order: 

By: /s/ Ann Marie Uetz 

Ann Marie Uetz (P48922) 

FOLEY & LARDNER LLP 

Attorneys for Plaintiff 

500 Woodward Avenue, Suite 2700 

Detroit, Michigan 48226 

(313) 234-7100 

By: /s/ Howard W. Burdett (with consent) 

Howard W. Burdett, Jr. (P63185) 

HOWARD & HOWARD 

Attorneys for Defendant 

450 West Fourth Street 

Royal Oak, Michigan 48067 

(248) 645-1568