NOW COMES Defendant, Patrick Maizy, by and through himself, Patrick Maizy (P79503), who hereby Motions this Honorable Court for Relief From the Judgment entered on or around August 22, 2018:

1. Judgment was entered against Defendant, Patrick Maizy, on or about August 22, 2018, following Defendant's Failure to Appear at a Hearing on a Motion for Summary Disposiiton.

2. Defendant now seeks Relief From Judgment based on MCR 2.612(C)(1)(a) and MCR 2.612(C)(1)(c) in the form of allowing the original scheduling order to remain in effect, whereby Mediation will take place on 9/19/18 at 2:00pm, Pre-trial Conference will take place on 9/24/18 at 9:00AM, and a Non-jury Trial will take place on 9/28/18 at 1:00pm.

WHEREFORE, Defendant requests this Honorable Court grant Relief From the Judgment entered on or around August 22, 2018.

Dated: September 4, 2018                             

Respectfully submitted,

Patrick Maizy (P79503)

Defendant & Attorney for Defendant

Phone: (248) 388-8363

Email: patrickmaizy@gmail.com

DEFENDANT’S BRIEF IN SUPPORT OF MOTION FOR

RELIEF FROM JUDGMENT (MCR 2.612)

MCR 2.612 – Relief from judgment or order

Under Michigan Court Rule 2.612(C)(1), on motion and just terms, a court may relieve a party from a final judgment on the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect, OR

(c) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.

In the case at bar, Defendant was inundated with paperwork from the RVO firm. Roughly 250 pages of documentation was sent to Defendant in a short period. As such, Defendant did not notice the hearing date that was tucked into the documentation. Further, Defendant was wrongly under the assumption that any court date would be noticed to Defendant by the court itself. As such, Defendant mistakenly and inadvertently missed the court date of August 22, 2018.

Furthermore, the adverse party in the case at bar sent a Consent Judgment to Defendant to which all of Defendant’s attempts to respond were blocked. Defendant made numerous phone calls, left multiple messages, and sent at least one email to Plaintiff (see below; email address for Plaintiff obtained via conversation with someone at Plaintiff’s listed phone number).

As of the date of this brief, Plaintiff has yet to respond. Plaintiff states in its letter dated June 19,2018 that, “Should [Defendant] have any questions, please contact this office.” Defendant was operating under the assumption that if Plaintiff failed to communicate, Plaintiff was planning on doing so at Mediation, which this Honorable Court scheduled for 9/19/2018.

WHEREFORE, Defendant requests this Honorable Court grant Relief From the Judgment entered on or around August 22, 2018 in the form of allowing the original scheduling order to remain in effect, whereby Mediation will take place on 9/19/18 at 2:00pm, Pre-trial Conference will take place on 9/24/18 at 9:00AM, and a Non-jury Trial will take place on 9/28/18 at 1:00pm.