UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

ANDREW GEHRINGER, 

RACHELLE GEHRINGER 

and PREMIER ANIMAL 

ATTRACTIONS, INC., 

 Plaintiffs, 

v. 

ROBERT DEPALMA and 

TOWNSHIP OF 

GROVELAND, 

 Defendants. 

 

Case No. 2:15-cv-11740 

District Judge Paul D. Borman 

Magistrate Judge Anthony P. Patti 

___________________________________/ 

NOTICE OF HEARING ON PLAINTIFFS’ MOTION TO DISMISS (DE 26) 

and ORDER SETTING PREREQUISITES FOR ORAL ARGUMENT 

The Court having reviewed the briefs of the parties with respect to the abovereferenced motion, and determining that the Court needs additional information in 

order to make its report and recommendation, the Court orders the following: 

1. The parties shall appear for oral argument on Plaintiffs’ pending motion to 

dismiss (DE 26) at a hearing to be held in the courtroom of the undersigned 

judicial officer, on the sixth floor of the Theodore Levin United States 

Courthouse in Detroit, on Wednesday, May 18, 2016 at 11:00 a.m. 

2. Prior to appearing for the hearing, the parties must comply with subpart (E) 

of my “Motion Practice” guidelines, which appear on the Court’s website 

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(www.mied.uscourts.gov), by continuing “to discuss resolution of their 

dispute” and filing a “Statement of Resolved and Unresolved Issues” with 

the Court, which specifically and separately addresses each request for legal 

or equitable relief which has been pleaded by the respective parties (see DE 

4 ¶¶ 36, 43, 48, 53 & 59 and DE 14 at 11-12 ¶¶ A-H ) and either stipulates to 

the mootness of the request or briefly explains the bases for the respective 

parties’ opposing positions with respect to mootness. The parties must also 

inform the Court as to whether the counter defendants agree that the 

operation of any exotic animal business on the subject property in the future 

would violate the “Dangerous, Wild or Exotic Animals” Groveland 

Township ordinances at issue in this case (§§ 54 – 1111 - 54-1116) (DE 31-

2) and/or the Rural Estate/Farm (RE/F) District Groveland Township zoning 

ordinances at issue in this case (§§ 54 – 111 – 54-115) (DE 31-1). The page 

limitation for this combined document is extended from the usual 5 pages to 

7 pages. 

3. In addition to the items which must be addressed in the joint Statement of 

Resolved and Unresolved Issues, at oral argument: (a) Plaintiffs should be 

prepared to explain whether the animals identified in ¶ 9 of the First 

Amended Complaint (DE 4) meet the definition of “farm products,” as set 

forth in the Michigan Right to Farm Act, Mich. Comp. Laws §§ 286.471, et 

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seq.; and (b) Defendants should be prepared to explain whether any of their 

counterclaims can remain pending for independent adjudication in the 

absence of Plaintiffs’ claims, pursuant to Fed. R. Civ. P. 41(a)(2). 

4. Plaintiffs must permit Defendants’ representative and their counsel to 

inspect and photograph the “Subject Property” (see DE 14 at 3) on a 

mutually agreeable date and time, but in no case later than May 12, 2016 at 

5:00 p.m. Any photographs taken by Defendants at this inspection must be 

provided to Plaintiffs and this Court, sufficiently in advance of the hearing 

by way of electronically filed supplemental exhibits with an authenticating 

declaration. 

5. Finally, Plaintiffs must provide to Defendants and this Court, sufficiently in 

advance of the hearing by way of electronically filed supplemental exhibits 

with an authenticating declaration, at least 10 representative photographs of 

their present exotic animal operation in Roscommon, Michigan, and are 

encouraged, but not required, to permit Defendants’ counsel to personally 

inspect those operations, in an effort to provide adequate assurances that the 

exotic animal operation has been permanently removed from Groveland 

Township. 

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IT IS SO ORDERED. 

Dated: May 4, 2016 s/Anthony P. Patti 

 Anthony P. Patti 

 UNITED STATES MAGISTRATE JUDGE 

I hereby certify that a copy of the foregoing document was sent to parties of record 

on May 4, 2016, electronically and/or by U.S. Mail. 

 s/Michael Williams 

 Case Manager for the 

 Honorable Anthony P. Patti 

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