Opinion
Case No. 2:10-CV-11057-PJD-MKM.
May 13, 2011
THOMAS G. COSTELLO (P42973), SHAWN Y. GRINNEN (P62569), Lipson, Neilson, Cole, Seltzer Garin, P.C., Attorneys for Plaintiff FDIC, Bloomfield Hills, Michigan.
MARK MERLANTI (P35804), Finkel Whitefield Selik, Attorneys for Defendant Katzowitz, Farmington Hills, MI.
BENJAMIN J. ALOIA (P54424), ALOIA ASSOCIATES, Attorneys for Defendant Zada, Mount Clemens, MI.
FRANCIS J. HEARSCH, JR. (P14800), Schienke, Staugaard Hearsch, Co-Counsel for Defendant Katzowitz, Mt. Clemens, MI.
ORDER GRANTING FDIC, AS RECEIVER FOR CITIZENS STATE BANK'S, EX-PARTE MOTION FOR ALTERNATE SERVICE OF SUBPOENA UPON WALTER ZAREMBA AND YVONNE ZAREMBA
Upon reviewing the FDIC, as Receiver for Citizens State Bank's ("FDIC-R"), Ex Parte Motion for Alternate Service of Subpoena Upon Walter Zaremba and Yvonne Zaremba, as well as the Affidavit of Attempted Service that was attached thereto, and with the Court being otherwise fully advised in the premises;
NOW THEREFORE,
IT IS HEREBY ORDERED that the FDIC-R's Ex Parte Motion for Alternate Service of Subpoena Upon Walter Zaremba and Yvonne Zaremba is Granted. IT IS HEREBY FURTHER ORDERED that the FDIC-R shall serve Walter Zaremba with a subpoena compelling his attendance for deposition by each of the following methods: (1) attaching a copy of the subpoena to the front door of the residence located at 8692 M 32 Highway, Elmira, MI 49730, (2) by mailing a copy of the subpoena, via first class regular mail, to 8692 M 32 Highway, Elmira, MI 49730; and (3) mailing a copy of the subpoena, via first class regular mail, to Walter Zaremba's last known attorney, Leonard K. Berman, Esq., 24255 W. 13 Mile Rd., Suite 270, Bingham Farms, MI 48025.
IT IS HEREBY FURTHER ORDERED that the FDIC'R shall serve Yvonne Zaremba with a subpoena compelling her attendance for deposition by each of the following methods: (1) attaching a copy of the subpoena to the front door of the residence located at 8692 M 32 Highway, Elmira, MI 49730, (2) by mailing a copy of the subpoena, via first class regular mail, to 8692 M 32 Highway, Elmira, MI 49730; and (3) mailing a copy of the subpoena, via first class regular mail, to Brendan Frey, Esq., counsel for the Zaremba Group LLC, located at 1361 E. Big Beaver Rd., Troy, MI 48083.
IT IS HEREBY FURTHER ORDERED that the deposition dates set forth in the subpoenas may be adjourned/changed if required to accommodate scheduling conflicts and that notice of any such adjournment/change may be served upon Walter Zaremba and Yvonne Zaremba via regular first class mail to 8692 M 32 Highway, Elmira, MI 49730.