UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

DAMIAN JACKSON,

Plaintiff,

v. Case No. 09-10991

FEDERAL DEPOSIT INSURANCE CORP., et al.

Defendants.

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PRELIMINARY INJUNCTION ORDER

On November 24, 2009, Defendant FDIC filed a “Motion for Temporary

Restraining Order and/or Motion for Preliminary Injunction” seeking to enjoin Plaintiff

Damian Jackson from taking steps to sell or collect rent from tenants residing in any of

the seven residential properties at issue in the instant litigation which include: 2446

Atkinson Street, Detroit, Michigan; 19334 Littlefield Street, Detroit, Michigan; 18935

Indiana Street, Detroit, Michigan; 5730 Cadieux Road, Detroit, Michigan; 19184

Pinehurst Street, Detroit, Michigan; 5767 Yorkshire Road, Detroit, Michigan; and 21901

Frazer Avenue, Southfield, Michigan. Plaintiff filed a Brief in Response to Defendant's

Motion and a hearing was held on December 8, 2009 during which both parties were

given the opportunity to present arguments, witness testimony, and exhibits in support

of their respective positions. Based upon the record established and for other good

cause shown, the court finds, pursuant to Fed. R. Civ. P. 65, that:

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1. Defendant FDIC is likely to succeed on the merits and substance of their

ultimate Motion for Summary Judgment based on its argument that

Plaintiff failed to exhaust all available administrative remedies;

2. Defendant FDIC would be irreparably harmed if steps continue to be taken

by Plaintiff to sell the residential properties at issue;

3. Plaintiff presently has no legal title or interest in the properties at issue;

and

4. All rents should flow to the FDIC which appears to have appropriate title

and interest in the seven properties at issue.

Accordingly, IT IS ORDERED that Defendant’s “Motion for Temporary

Restraining Order and/or Motion for Preliminary Injunction” [Dkt. # 24] is GRANTED as

to the Motion for Preliminary Injunction and DENIED as to the Motion for Temporary

Restraining Order.

IT IS FURTHER ORDERED that pending a full trial on the merits or other final

decision by this court, Plaintiff Damian Jackson is restrained from actively offering for

sale, purporting to sell, purporting to be capable of selling, attempting in any way to

move, to sell, to dispose of, or take any other action which suggests he has title to and

is able to transfer any of the seven properties in question.

IT IS FURTHER ORDERED that all monies collected as rental proceeds from the

tenants of the seven (7) properties in question, from the time that the FDIC obtained

legal title, shall be accounted for and not otherwise disposed of by the parties.

IT IS FURTHER ORDERED that unless this court, upon final disposition of this

case, finds that Plaintiff is the rightful owner of the properties in question, all rents

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collected from tenants of the properties in question, since the FDIC acquired title in

same, are the rightful property of the FDIC. Any such rents already collected by Plaintiff

and held in any bank account are hereby frozen until final disposition of the instant

case.

IT IS FURTHER ORDERED that any rents collected by the FDIC shall be

accounted for by the FDIC and, in the event that Plaintiff is ultimately determined, in the

instant matter, to be the rightful owner of the seven properties in question, the FDIC

shall reimburse Plaintiff in full for all rents collected, plus interest.

s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: December 18, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, December 18, 2009, by electronic and/or ordinary mail.

s/Lisa G. Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

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