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THIRD JUDICIAL CIRCUIT OF MICH
REGISTER 0F ACTIONS
CASE No. 21-002705-CZ
HACHEM, HASSAN v AL-HUSSEINE, AHMED Location: Civil Division
Judicial Officer: Hughes, Muriel
@mmaw
Filed on: 02/27/2021
Other Court: 20-7305—LT
CASE INFORMATION
Case Type: - General Civil
(CZ)
Case I
02/27/2021 Open Inactive
Status:
DATE CASE ASSIGNMENT
Current Case Assignment
Case Number 21-002705-CZ
Court Civil Division
Date Assigned 02/27/2021
Judicial Officer Hughes, Muriel
PARTY IN FORMATION
Lead Attorneys
Plaintiff HACHEM, HASSAN Kadaf, Jeahad
Retained
(313) 992-3200(W)
Defendant AL-HUSSEINE, AHMED Abdrabboh, Mohammed
Retained
(3 13) 483-9453(W)
DATE EVENTS & ORDERS OF THE COURT INDEX
02/27/202] Complaint, Filed
TRANSFER FILE FROM 19THDISTRICT COURT (CASE NUMBER 20-7305-LT) ORDER FOR
CHANGE 0F VENUE PER JUDGE MARK W. SOMERS
02/27/2021 Service Review Scheduled
02/27/2021 Status Conference Scheduled
02/27/2021 Case Filing Fee - Paid (Electronic Filing Fee Exempt)
$150.00 Fee Paid
02/27/2021 Change of Vcnue/I‘ransfer File Received
06/01/2021 Status Conference (Judicial Officer: Hughes, Muriel)
PAGE OF l l Printed on 02/27/2021 at 9:32 AM
IMAGED
STATE 0F MICHIGAN CASE No: 20—7305LT LT
19TH JUDICIAL DISTRICT REGISTER 0F ACTIONS STATUS: CLSD
Court Address 16077 MICHIGAN AVENUE Court Telephone
DEARBORN MI 48126 (313) 943-2060
JUDGE 0F RECORD: SOMERS,MARK w., P—35821
Attorney
P01 PLAINTIFF (CLSD) P—82492
HACHEM/HASSAN/ KADAF,JEAHAD,
6110 OAKMAN BLVD 22174 MICHIGAN AVE
DEARBORN MI 48126 DEARBORN MI 48124
(313) 992—3200
D01 DEFENDANT (CLSD) P—61989
AL—HUSSEINE/AHMED/ ABDRABBOH,M0HAMMED,
7433 HARTWELL 1360 PORTER ST
DEARBORN MI 48126 STE 210
(313) 903-4079 DEARBORN MI 48124
(313) 582—5800
R01 COUNTER PARTY PLAINTIFF (CLSD) P—61989
AL-HUSSEINE/AHMED/ ABDRABBOH,M0HAMMED,
1360 PORTER ST
STE 210
DEARBORN MI 48124
.
(313) 582-5800
F01 COUNTER PARTY DEFENDANT (CLSD) P-82492
HACHEM/HASSAN/ KADAF,JEAHAD,
22174 MICHIGAN AVE
DEARBORN MI 48124
(313) 992—3200
DISPOSITION: DISMISSED JUDGMENT FOR JUDGMENT BY
WITH PREJUDICE PLAINTIFF DEFAULT TRIAL
DATE: 11 WITHOUT PREJUDICE {1 DEFENDANT {1 CONSENT 11 No CAUSE
FEEs/COSTS: FILING SERVICE JURY TRIAL WITNESS ATTORNEY OTHER
JUDGMENT AMOUNT: FEEs/COSTS + DAMAGES + INTEREST = TOTAL
DATE ACTIONS, JuncmENTs, CASE NOTES INITIALS
08/27/20
P01 SUMM & COMP FOR NON PAYMENT 0F RENT
KADAF,JEAHAD, P—82492 EBZ
$215.00
D01 SUMM & COMP FOR NON PAYMENT 0F RENT ISSUED EBz
$15,600.00
ALL HEARING FOR NON PAYMENT 0F RENT SCHEDSOMERS,MARK W., P-35821 EBZ
09/10/20 08:30A
COURT OFFICER FOR SERVICE EBZ
VIRTUAL HEARING INFO SENT To BOTH, ADVICE 0F EBZ
RIGHTS AND LAKESHORE INFO SENT To DEF EBZ
09/01/20
FILING FEE PAID $215.00 RCPT # D118632 MKD
IMAGED
HACI-IEM/HASSAN/ g AL—HUSSEINE/AHMED/ aEih 20-7305LT PAGE: 2
DATE ACTIONS,
CHECK TENDERED 1227
W3, CASE NOTES mITIALs
MKD
CHECK TENDERED 1217 MKD
09/02/20
D01 SUMM & COMP ATTACHMENTS SERVED EBZ
09/09/20
PROPERTY Is LOCATED AT: EBZ
DAMAS CUISINE EBZ
12745 WEST WARREN AVE EBZ
DEARBORN, MI 48126 EBZ
09/10/20
P01 ORDER FOR ESCROW RECEIVED EBZ
ALL PRE-TRIAL SCHEDULED SOMERS,MARK W., P-35821 EBZ
10/01/20 08:30A
D01 NOTICE To APPEAR ISSUED EBZ
CC BOTH EBZ
$8000 ESCROW PAYMENT To COURT BY 9-17—20 EBZ
09/11/20
P01 ORDER FOR ESCROW ENTERED $8,000.00 EBZ
CC BOTH EBZ
09/16/20
$8000 PERSONAL CHECK FOR ESCROW RECEIVED. EBZ
ISSUER: DREAMY DAY CARE 2 LLC EBZ
SIGNED: NASHWA ALHOUSSAINI EBZ
HOLDING ACCT PAID $8000.00 RCPT # D120598 MKD
CHECK TENDERED 2789 MKD
09/17/20
D01 ANSWER FILED ABDRABBOH,MOHAM P-61989 AAs
DEFENDANT'S ANSWER To COMPLAINT, AFFIRMATIVE AAs
DEFENSES, COUNTER-CLAIM, EXHIBITS AND PROOF/s AAs
R01 SUMM & COMP ISSUED AAs
F01 SUMM & COMP FILED AAS
09/18/20
F01 ANSWER FILED AAS
COUNTER DEF'S ANSWER To COUNTER CLAIM, AAs
AFFIRMATIVE AND PROOF/s EMAILED AAs
10/01/20
ALL BENCH TRIAL FOR NON PAYMENT 0F RENT SOMERS,MARK W., P-35821 EBZ
10/29/20 10:00A
ALL NOTICE To APPEAR ISSUED EBZ
CC ALL, THIS Is AN *IN—PERSON* TRIAL EBZ
10/21/20
PLT's TRIAL BRIEF FILED No PROOF/s EBZ
10/22/20
D01 MOTION To STAY PROCEEDINGS RECEIVED EBZ
ALL MOTION To STAY PROCEEDINGS SCHEDULED SOMERS,MARK W., P—35821 EBZ
10/29/20 10:00A
MOTION To REMOVE To CIRCUIT & STAY PROCEEDINGS EBZ
W/NOTICE & RE—NOTICE 0F HEARING & PROOF/s EBZ
PLT'S RESPONSE To MOTION To REMOVE & STAY EBZ
No PROOF/s EBZ
10/23/20
MOTION FEE PAID $20.00 RCPT # D127363 MKD
CHECK TENDERED 147 MKD
10/29/20
ALL MOTION TO STAY PROCEEDINGS GRANTED EBZ
IMAGED
HACI‘IEM/HASSAN/ Q AL-HUSSEINE/AI-MED/ aEii: 20-7305LT PAGE: 3
DATE ACTIONS, JUDGMENTS, CASE NOTES INITIALS
ALL ORDER OF TRANSM TO CIR CT ENTERED EBZ
DEF HAS l4 DAYS TO FILE SUPPLEMENTAL COMPLAINT EBZ
UPON FILING, CLAIM WILL BE TRANSFERRED TO EBZ
CIRCUIT & A STAY OF PROCEEDINGS IN THE 19DC EBZ
PENDING RESOLUTION OF THE CIRCUIT ACTION EBZ
OR UNTIL FURTHER 19DC ACTION. EBZ
- EBZ
IT IS FURTHER ORDERED THE DEF SHALL DEPOSIT EBZ
$3350 ON THE FIRST OF EACH MONTH UNTIL FURTHER EBZ
19DC ORDER REPRESENTING AN ESCROW OF 3200/MO EBZ
IN RENT & $150 IN WATER BILL CHARGES. FIRST EBZ
PAYMENT IS DUE BY 11/1/20 EBZ
CC BOTH EBZ
12/14/20
MOTION FOR RELIEF FROM ORDER PURSUANT TO DSN
MCR2.612(C)(1)(A) FOR GOOD CAUSE AND EXCUSABLE DSN
ERROR FILED WITH PROOF OF SERVICE DSN
ALL MOTION SCHEDULED 01/04/21 08:3OA DSN
(REVIEW )
12/15/20
MOTION FEE PAID $20.00 RCPT # Dl37977 MKD
CHECK TENDERED 131 MKD
01/06/21
ORDER FOR RELIEF FROM ORDER PURSUANT TO DSN
MCR2.612(C)(1)(A)GRANTED BY JUDGE MARK SOMERS DSN
COURT FURTHER ORDERS: THERE BEING NO DSN
OPPOSITION TO THE MOTION AND THE COURT BEING DSN
SATISFIED ON THE MERITS PRESENTED, THE MOTION DSN
IS GRANTED. FURTHER ORDERS: l.ESCROW PAYMENTS DSN
MAY BE DEPOSITED WITH THE COURT FORTHWITH TO DSN
SATISFY REQUIREMENT 2.DEF DOES NOT NEED TO DSN
AMEND ITS COUNTER—COMPLAINT PRIOR TO DSN
TRANSFER TO CIRCUIT COURT 3.PAYMENT OF DSN
REQUIRED FEES AND COSTS FOR TRANSFER TO CC DSN
ARE TO BE PAID WITHIN 21 DAYS FROM DATE OF DSN
ENTRY OF THIS ORDER 4.UPON RECEIPT OF FEES DSN
CLERK OF COURT SHALL TRANSFER TO WAYNE COUNTY DSN
CIRCUIT COURT DSN
COPIES OF ORDER MAILED TO ALL PARTIES DSN
01/26/21
HOLDING ACCT PAID $10050.00 RCPT # Dl44324 MKD
CHECK TENDERED 279 MKD
COMPLETED IRS FORM 8300 MAILED TO IRS AND DSN
DEF DSN
COMPLETE FILE COPIED AND CASE TRANSFERRED TO DSN
WAYNE COUNTY CIRCUIT COURT DSN
$150 WAYNE CO FILING FEE ATTACHED TO CASE FILE DSN
***** END OF REGISTER OF ACTIONS ***** 01/26/21 14:42
IMAGED
. Original
1st
-
Court file
copy - Assignment CIerk/Extra 3rd copy - Opposing party
Approved, SCAO 2nd copy- Friend of the CourtlExtra 4th copy - Moving party
STATE 0F MICHIGAN CASE N0.
JUDICIAL CIRCUIT
19th JUDICIAL DISTRICT ORDER 204305”
COUNTY
Court address Court telephone no.
16077 Michigan Avenue, Dearbom, MI 48126 (313) 943-2060
Plaintiff name(s), address(es), and telephone no(s). Defendant name(s), address(es). and telephone no(s).
HASSAN HACHEM AHMED AL—HUSSEINE
V
Plaintiff's attorney, bar no., address. and telephone no. Defendant’s attorney, bar no., address. and telephone no.
JEAHAD KADAF (P82492) MOHAMMED ABDRABBOH (P61989)
22174 MICHIGAN AVENUE 1360 PORTER ST. STE 210
DEARBORN, MI 48124 DEARBORN, MI 48124
for relief from order
1. Motion title:
defendant/counter-plaintiff
2‘ Moving party:
Mark W' some“
3. This motion was heard by the Honorable on glt/Mm
a e
D 4. For the reasons stated on the record,
THE COURT ORDERS that the above-named motion is granted.
D granted in pan, denied in part.
[j denied.
The court further orders
further orders: ( l) Escrow payments may be deposited with the court fonhwith to satisfy that requirement; (2) Defendant/Counter-
Plaintiff does not need to amend its counter-complaint prior to transfer to the Circuit Court; (3) payment of the required fees and
costs for transfer to the Circuit Coun are to be paid within 21 days from the date of entry of this Order; and (4) upon receipt of the
required fees and costs the clerk of the court shall transfer this case to the Wayne County Circuit Court.
Date
MC 327
JAN 0 5
(6/17) ORDER
2021
d 96
Jadge Mark W-
\
m P335821
P-35821
Bar no.
IMAGED
Report of Cash Pa ments Over $10,000
:3“ 8300 Received in a ¥rade or Business
.,.
5°35" 8300
(Rev' AUQUSI 2014)
> See instmctions for definition of cash. (Shell‘s Qiglisstosz£§a
Department of the Treasury
> Use this fonn for transactions occurring after August 29, 2014. Do not use prior versions after thls data. WM‘ .
o, the 7mm, . .
Internal Revenue Service For Privacy Act and Papemork Reduction Act Notice, see the last page. Emfiggmfifiwm
1 Check appropriate box(es) if:
_;
a D Amends prior report; b U Suspicious transaction.
Mdenfity of Individual From Whom the Cash Was Received
2 If more than one individual is involved, check here and see ins‘mctions . . , . . . . . . .V D
3 Last name 4 First name 5 MJ. 6 Taxpayeridentification number
Abdrabboh Law P.C. g g
I
g
I
: : g
7 Address (number, street, and apt. or suite no.) 8 Date of birth . . . > M M D D Y Y Y Y
(see Instructions)
1806 N Tequraph Rd. :
I
:
I
: : :
9 City 10 State 11 ZIP code 12 Country (If not U.S.) 13 Occupation. profession. «business
Dearborn M i
I 481 28 Law Office
14 Identifying a Describe ID b b Issued by b """"""""""""""""
document (ID)
c Number >
Person on Whose Behalf This Transaction Was Conducted
15 If this transaction was conducted on behalf of more than one person, check here and see instructions . . . . ‘ . P D
16 Individual's last name or organization’s name 17 First name 18 M.I. 19 Taxpayer identification number
AI-Husseine Ahmed i i
l
1
I
i i i
20 Doing business as (DBA) name (see instructions) Employer identification number
21 Address (number, street, and apt. or suite no.) 22 Occupation, prlofession, or business
7433 Hartwell
23 City 24 State 25 ZIP code 26 Country 0f not U.S.)
Dearborn M i I 481 26
27 Alien a Describe ID > b Issued by > ________________________________
identification (ID) c Number}
Description of Transaction and Method of Payment
28 Date cash received 29 Total cash received 30 31 Total price if different from
MMDDYYYY cash was received in
If
more than one payment,
Item29
o:1|z:5|z:o:2:1 $ 10050-00 checkhere...> D $ .00
32 Amount of cash received (In U.S. dollar equivalent) (must equal item 29) (see instructions):
a U.S. currency $ .00 (Amount in $100 bills or higher $ .00 )
b Foreign currency $ .00 (Country > )
c Cashier's check(s) $ .00 Issuer's name(s) and serial number(s) of the monetary instrument(s) b
d Money order(s) $ .00 Bank of America
e Bank draft(s) $ 10050 .00
f Traveler’s check(s) $ .00
33 Type of transaction 34 Specific description of property or service shown in
a D Persona‘ Dropefiy DUfChaSGd f
D Debt Ob'igafions Paid 33. Give serial or registration number. address, docket
b D Real property purchased g D Exchange of cash number, etc. > 20.1305”
c D Personal services provided h Escrow or trust funds
d D Business services provided i
D Bail received by court clerks
e D Intangible property purchased i D Other (specify in item 34) b
Business That Received Cas h
35 Name of business that received cash I
36 Employer identification number
19th District Coun
37 Address (number, street, and apt. or suite no.)
16077 Michigan Ave
- - . . i .
I I I
38 City 39 State 40 ZIP code 41 Nature of your business
%/M
Dearborn M : I 481 26 Ml District Court
42 Under penalties of erjury. | declare that to the best of my knowledge the information | have furnished above is true, correct,
and complete.
' ’ Dep. Court Clerk
s'gnatm k Title
'
’ Authorized official
43 Date of M M D D Y Y Y Y 44 Type or print name of contact person 45 Contact telephone number
Signature
o g
1 2 g
5 z :
o 2
z 2
1 Dawn Novak (313)943-2859
Ins Form 8300 (Rev. 8-2014) Cat. No. 621333 FInCEN Form 8300 (Rev. 3-2014)
IMAGED
STATE OF MICHIGAN
IN THE 19TH DISTRICT COURT FOR THE COUNTY OF WAYNE
HASSAN HACHEM,
Case No.: 20-7305LT
Plaintiff Hon.: Mark Somers
v.
AHMED AL-HUSSEINE,
Defendant.
/
Jeahad Kadaf (P82492) Mohammed Abdrabboh (P61989)
Attorney for Plaintiff Attorney for Defendant
22174 Michigan Avenue 1360 Porter St., Ste 210
Dearborn, MI 48124 Dearbom, MI 48124
(313) 942-3200 (313) 582-5800
/
Motion For Relief From Order Pursuant to MCR 2.612 (C) (1} (a1 for good cause and U H.L6L
'NHCEBVBG
{1}
excusable error _
§ .LOIHLSIG
N
E NVSIHOIW
NOW COMES Defendant/Counter-Plaintifi‘ AHMED AL-HUSSEINE, by and through its
.LHnOO
attorneys, MAF Law, P.C., and for its Motion states as follows:
1.) An Order was entered by this Court in this case (Exhibit A) on October 29, 2020
alereinafier “Order”) and mailed to counsel for both parties shortly thereafier.
2.) In sum and substance, the Order granted Defendant/Counter-Plaintiff‘s request to transfer
complaint to Circuit Court.
3.) The Order and Stay was conditioned on and required Defendant/Counter—Plaintiff to make
escrow rent payments in the total amount of $3350 per month, starting Nov. 1, 2020.
IMAGED
4.) The Order further required that Defendant/Counter—Plaintiff amend his complaint in order
to comply with the ‘greater than $25,000’ requirement prior to moving the Clerk ofthe 19th
District Court to transfer this case to Wayne County Circuit Court.
5.) Dun'ng some point in early November 2020, undersigned counsel contracted the Covid 19
virus and was ill for several days, thereafler, undersigwd was in quarantine until December
4, 2020 as he did not leave his home.
6.) Defendant/Counter—Plaintiff’s counsel didn’t realize he had already pled for more than
$25,000 in damages but failed t0 mention this to the Court during the motion held on
October 29, 2020. Had undersigned mentioned it, the Court would not have made it a
requirement to amend the complaint prior to the transfer.
7.) Due to his illness, undersigned counsel did not deposit monies in escrow sent via checks
to his office by Defendant/Counter—Plaintiff as directed by the Court to be placed in escrow
(Nov & Dec for $3350 each).
8.) Upon overcoming his illness, undersigned contact the Court and was advised of the
requirement in the Order to ‘amend the complaint within 14 days’ and that this was a pre-
condition to transferring the case to the Wayne County Circuit Court. Undersigned submits
that this was an error and an excusable one as he should have alerted the Coun that this
requirement had already been met even prior to the October 29, 2020 hearing.
9.) Undersigned contacted opposing counsel in this matter and he concurred in the relief
sought, see attached Exhibit B.
10.) The purpose of this motion is seeking an order form this court that clarifies and
permits the following:
IMAGED
A) Recognizes excusable neglect in not complying with the Order of 10/29/20 and
also grants relief fiom other portions of the aforementioned error as outlined
above as good cause has been shown by undersigned.
B) Allows Plaintiff without penalty to turn over Nov and Dec 2020 escrow
payment to the Court immediately.
C) Recognizes that no need exists for any amendments to Counter-claim as judicial
notice is taken that the ‘greater than $25,000’ requirement has been met/pled,
as such it is now moot.
D) That upon payment of fees and the granting of this motion, a new order
transferring this case to Wayne County Circuit Court shall enter.
E) Or any other Order that the Court shall enter that will more emciently permit
the transfer of this Case to Wayne County Circuit Court. Without clarification,
the Clerk of Court at 19th District has advised it is not possible for failure to
‘amend withing 14 days’ per the 10/29/20 Order.
Respectfully Submitted,
/s/ Mohammed Abdrabboh
MAF LAW, P.C.
Mohammed Abdrabboh (P6 1 989)
Attorney for Defendant/Counter—Plaintifi‘.
1360 Porter St., Suite 250
Dearbom, MI 48124
Dated: December 11, 2020 (313) 582-5800
PROOF OF SERVICE
IMAGED
Kal Khalil, being fully sworn, deposes and says that on Dec 11, 2020, he served this
motion onto all counsel of record via first class mail and sent to the court via first class mail.
I declare this statement to be true to the best of my knowledge, information and belief.
/s/ Kal Khalil
Kal Khalil
IMAGED
EXHIBIT A
IMAGED
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THIRD JUDICIAL CIRCUIT OF MICH REGISTER 0F ACTIONS CASE No. 21-002705-CZ HACHEM, HASSAN v AL-HUSSEINE, AHMED Location: Civil Division Judicial Officer: Hughes, Muriel @mmaw Filed on: 02/27/2021 Other Court: 20-7305—LT CASE INFORMATION Case Type: - General Civil (CZ) Case I 02/27/2021 Open Inactive Status: DATE CASE ASSIGNMENT Current Case Assignment Case Number 21-002705-CZ Court Civil Division Date Assigned 02/27/2021 Judicial Officer Hughes, Muriel PARTY IN FORMATION Lead Attorneys Plaintiff HACHEM, HASSAN Kadaf, Jeahad Retained (313) 992-3200(W) Defendant AL-HUSSEINE, AHMED Abdrabboh, Mohammed Retained (3 13) 483-9453(W) DATE EVENTS & ORDERS OF THE COURT INDEX 02/27/202] Complaint, Filed TRANSFER FILE FROM 19THDISTRICT COURT (CASE NUMBER 20-7305-LT) ORDER FOR CHANGE 0F VENUE PER JUDGE MARK W. SOMERS 02/27/2021 Service Review Scheduled 02/27/2021 Status Conference Scheduled 02/27/2021 Case Filing Fee - Paid (Electronic Filing Fee Exempt) $150.00 Fee Paid 02/27/2021 Change of Vcnue/I‘ransfer File Received 06/01/2021 Status Conference (Judicial Officer: Hughes, Muriel) PAGE OF l l Printed on 02/27/2021 at 9:32 AM IMAGED STATE 0F MICHIGAN CASE No: 20—7305LT LT 19TH JUDICIAL DISTRICT REGISTER 0F ACTIONS STATUS: CLSD Court Address 16077 MICHIGAN AVENUE Court Telephone DEARBORN MI 48126 (313) 943-2060 JUDGE 0F RECORD: SOMERS,MARK w., P—35821 Attorney P01 PLAINTIFF (CLSD) P—82492 HACHEM/HASSAN/ KADAF,JEAHAD, 6110 OAKMAN BLVD 22174 MICHIGAN AVE DEARBORN MI 48126 DEARBORN MI 48124 (313) 992—3200 D01 DEFENDANT (CLSD) P—61989 AL—HUSSEINE/AHMED/ ABDRABBOH,M0HAMMED, 7433 HARTWELL 1360 PORTER ST DEARBORN MI 48126 STE 210 (313) 903-4079 DEARBORN MI 48124 (313) 582—5800 R01 COUNTER PARTY PLAINTIFF (CLSD) P—61989 AL-HUSSEINE/AHMED/ ABDRABBOH,M0HAMMED, 1360 PORTER ST STE 210 DEARBORN MI 48124 . (313) 582-5800 F01 COUNTER PARTY DEFENDANT (CLSD) P-82492 HACHEM/HASSAN/ KADAF,JEAHAD, 22174 MICHIGAN AVE DEARBORN MI 48124 (313) 992—3200 DISPOSITION: DISMISSED JUDGMENT FOR JUDGMENT BY WITH PREJUDICE PLAINTIFF DEFAULT TRIAL DATE: 11 WITHOUT PREJUDICE {1 DEFENDANT {1 CONSENT 11 No CAUSE FEEs/COSTS: FILING SERVICE JURY TRIAL WITNESS ATTORNEY OTHER JUDGMENT AMOUNT: FEEs/COSTS + DAMAGES + INTEREST = TOTAL DATE ACTIONS, JuncmENTs, CASE NOTES INITIALS 08/27/20 P01 SUMM & COMP FOR NON PAYMENT 0F RENT KADAF,JEAHAD, P—82492 EBZ $215.00 D01 SUMM & COMP FOR NON PAYMENT 0F RENT ISSUED EBz $15,600.00 ALL HEARING FOR NON PAYMENT 0F RENT SCHEDSOMERS,MARK W., P-35821 EBZ 09/10/20 08:30A COURT OFFICER FOR SERVICE EBZ VIRTUAL HEARING INFO SENT To BOTH, ADVICE 0F EBZ RIGHTS AND LAKESHORE INFO SENT To DEF EBZ 09/01/20 FILING FEE PAID $215.00 RCPT # D118632 MKD IMAGED HACI-IEM/HASSAN/ g AL—HUSSEINE/AHMED/ aEih 20-7305LT PAGE: 2 DATE ACTIONS, CHECK TENDERED 1227 W3, CASE NOTES mITIALs MKD CHECK TENDERED 1217 MKD 09/02/20 D01 SUMM & COMP ATTACHMENTS SERVED EBZ 09/09/20 PROPERTY Is LOCATED AT: EBZ DAMAS CUISINE EBZ 12745 WEST WARREN AVE EBZ DEARBORN, MI 48126 EBZ 09/10/20 P01 ORDER FOR ESCROW RECEIVED EBZ ALL PRE-TRIAL SCHEDULED SOMERS,MARK W., P-35821 EBZ 10/01/20 08:30A D01 NOTICE To APPEAR ISSUED EBZ CC BOTH EBZ $8000 ESCROW PAYMENT To COURT BY 9-17—20 EBZ 09/11/20 P01 ORDER FOR ESCROW ENTERED $8,000.00 EBZ CC BOTH EBZ 09/16/20 $8000 PERSONAL CHECK FOR ESCROW RECEIVED. EBZ ISSUER: DREAMY DAY CARE 2 LLC EBZ SIGNED: NASHWA ALHOUSSAINI EBZ HOLDING ACCT PAID $8000.00 RCPT # D120598 MKD CHECK TENDERED 2789 MKD 09/17/20 D01 ANSWER FILED ABDRABBOH,MOHAM P-61989 AAs DEFENDANT'S ANSWER To COMPLAINT, AFFIRMATIVE AAs DEFENSES, COUNTER-CLAIM, EXHIBITS AND PROOF/s AAs R01 SUMM & COMP ISSUED AAs F01 SUMM & COMP FILED AAS 09/18/20 F01 ANSWER FILED AAS COUNTER DEF'S ANSWER To COUNTER CLAIM, AAs AFFIRMATIVE AND PROOF/s EMAILED AAs 10/01/20 ALL BENCH TRIAL FOR NON PAYMENT 0F RENT SOMERS,MARK W., P-35821 EBZ 10/29/20 10:00A ALL NOTICE To APPEAR ISSUED EBZ CC ALL, THIS Is AN *IN—PERSON* TRIAL EBZ 10/21/20 PLT's TRIAL BRIEF FILED No PROOF/s EBZ 10/22/20 D01 MOTION To STAY PROCEEDINGS RECEIVED EBZ ALL MOTION To STAY PROCEEDINGS SCHEDULED SOMERS,MARK W., P—35821 EBZ 10/29/20 10:00A MOTION To REMOVE To CIRCUIT & STAY PROCEEDINGS EBZ W/NOTICE & RE—NOTICE 0F HEARING & PROOF/s EBZ PLT'S RESPONSE To MOTION To REMOVE & STAY EBZ No PROOF/s EBZ 10/23/20 MOTION FEE PAID $20.00 RCPT # D127363 MKD CHECK TENDERED 147 MKD 10/29/20 ALL MOTION TO STAY PROCEEDINGS GRANTED EBZ IMAGED HACI‘IEM/HASSAN/ Q AL-HUSSEINE/AI-MED/ aEii: 20-7305LT PAGE: 3 DATE ACTIONS, JUDGMENTS, CASE NOTES INITIALS ALL ORDER OF TRANSM TO CIR CT ENTERED EBZ DEF HAS l4 DAYS TO FILE SUPPLEMENTAL COMPLAINT EBZ UPON FILING, CLAIM WILL BE TRANSFERRED TO EBZ CIRCUIT & A STAY OF PROCEEDINGS IN THE 19DC EBZ PENDING RESOLUTION OF THE CIRCUIT ACTION EBZ OR UNTIL FURTHER 19DC ACTION. EBZ - EBZ IT IS FURTHER ORDERED THE DEF SHALL DEPOSIT EBZ $3350 ON THE FIRST OF EACH MONTH UNTIL FURTHER EBZ 19DC ORDER REPRESENTING AN ESCROW OF 3200/MO EBZ IN RENT & $150 IN WATER BILL CHARGES. FIRST EBZ PAYMENT IS DUE BY 11/1/20 EBZ CC BOTH EBZ 12/14/20 MOTION FOR RELIEF FROM ORDER PURSUANT TO DSN MCR2.612(C)(1)(A) FOR GOOD CAUSE AND EXCUSABLE DSN ERROR FILED WITH PROOF OF SERVICE DSN ALL MOTION SCHEDULED 01/04/21 08:3OA DSN (REVIEW ) 12/15/20 MOTION FEE PAID $20.00 RCPT # Dl37977 MKD CHECK TENDERED 131 MKD 01/06/21 ORDER FOR RELIEF FROM ORDER PURSUANT TO DSN MCR2.612(C)(1)(A)GRANTED BY JUDGE MARK SOMERS DSN COURT FURTHER ORDERS: THERE BEING NO DSN OPPOSITION TO THE MOTION AND THE COURT BEING DSN SATISFIED ON THE MERITS PRESENTED, THE MOTION DSN IS GRANTED. FURTHER ORDERS: l.ESCROW PAYMENTS DSN MAY BE DEPOSITED WITH THE COURT FORTHWITH TO DSN SATISFY REQUIREMENT 2.DEF DOES NOT NEED TO DSN AMEND ITS COUNTER—COMPLAINT PRIOR TO DSN TRANSFER TO CIRCUIT COURT 3.PAYMENT OF DSN REQUIRED FEES AND COSTS FOR TRANSFER TO CC DSN ARE TO BE PAID WITHIN 21 DAYS FROM DATE OF DSN ENTRY OF THIS ORDER 4.UPON RECEIPT OF FEES DSN CLERK OF COURT SHALL TRANSFER TO WAYNE COUNTY DSN CIRCUIT COURT DSN COPIES OF ORDER MAILED TO ALL PARTIES DSN 01/26/21 HOLDING ACCT PAID $10050.00 RCPT # Dl44324 MKD CHECK TENDERED 279 MKD COMPLETED IRS FORM 8300 MAILED TO IRS AND DSN DEF DSN COMPLETE FILE COPIED AND CASE TRANSFERRED TO DSN WAYNE COUNTY CIRCUIT COURT DSN $150 WAYNE CO FILING FEE ATTACHED TO CASE FILE DSN ***** END OF REGISTER OF ACTIONS ***** 01/26/21 14:42 IMAGED . Original 1st - Court file copy - Assignment CIerk/Extra 3rd copy - Opposing party Approved, SCAO 2nd copy- Friend of the CourtlExtra 4th copy - Moving party STATE 0F MICHIGAN CASE N0. JUDICIAL CIRCUIT 19th JUDICIAL DISTRICT ORDER 204305” COUNTY Court address Court telephone no. 16077 Michigan Avenue, Dearbom, MI 48126 (313) 943-2060 Plaintiff name(s), address(es), and telephone no(s). Defendant name(s), address(es). and telephone no(s). HASSAN HACHEM AHMED AL—HUSSEINE V Plaintiff's attorney, bar no., address. and telephone no. Defendant’s attorney, bar no., address. and telephone no. JEAHAD KADAF (P82492) MOHAMMED ABDRABBOH (P61989) 22174 MICHIGAN AVENUE 1360 PORTER ST. STE 210 DEARBORN, MI 48124 DEARBORN, MI 48124 for relief from order 1. Motion title: defendant/counter-plaintiff 2‘ Moving party: Mark W' some“ 3. This motion was heard by the Honorable on glt/Mm a e D 4. For the reasons stated on the record, THE COURT ORDERS that the above-named motion is granted. D granted in pan, denied in part. [j denied. The court further orders further orders: ( l) Escrow payments may be deposited with the court fonhwith to satisfy that requirement; (2) Defendant/Counter- Plaintiff does not need to amend its counter-complaint prior to transfer to the Circuit Court; (3) payment of the required fees and costs for transfer to the Circuit Coun are to be paid within 21 days from the date of entry of this Order; and (4) upon receipt of the required fees and costs the clerk of the court shall transfer this case to the Wayne County Circuit Court. Date MC 327 JAN 0 5 (6/17) ORDER 2021 d 96 Jadge Mark W- \ m P335821 P-35821 Bar no. IMAGED Report of Cash Pa ments Over $10,000 :3“ 8300 Received in a ¥rade or Business .,. 5°35" 8300 (Rev' AUQUSI 2014) > See instmctions for definition of cash. (Shell‘s Qiglisstosz£§a Department of the Treasury > Use this fonn for transactions occurring after August 29, 2014. Do not use prior versions after thls data. WM‘ . o, the 7mm, . . Internal Revenue Service For Privacy Act and Papemork Reduction Act Notice, see the last page. Emfiggmfifiwm 1 Check appropriate box(es) if: _; a D Amends prior report; b U Suspicious transaction. Mdenfity of Individual From Whom the Cash Was Received 2 If more than one individual is involved, check here and see ins‘mctions . . , . . . . . . .V D 3 Last name 4 First name 5 MJ. 6 Taxpayeridentification number Abdrabboh Law P.C. g g I g I : : g 7 Address (number, street, and apt. or suite no.) 8 Date of birth . . . > M M D D Y Y Y Y (see Instructions) 1806 N Tequraph Rd. : I : I : : : 9 City 10 State 11 ZIP code 12 Country (If not U.S.) 13 Occupation. profession. «business Dearborn M i I 481 28 Law Office 14 Identifying a Describe ID b b Issued by b """""""""""""""" document (ID) c Number > Person on Whose Behalf This Transaction Was Conducted 15 If this transaction was conducted on behalf of more than one person, check here and see instructions . . . . ‘ . P D 16 Individual's last name or organization’s name 17 First name 18 M.I. 19 Taxpayer identification number AI-Husseine Ahmed i i l 1 I i i i 20 Doing business as (DBA) name (see instructions) Employer identification number 21 Address (number, street, and apt. or suite no.) 22 Occupation, prlofession, or business 7433 Hartwell 23 City 24 State 25 ZIP code 26 Country 0f not U.S.) Dearborn M i I 481 26 27 Alien a Describe ID > b Issued by > ________________________________ identification (ID) c Number} Description of Transaction and Method of Payment 28 Date cash received 29 Total cash received 30 31 Total price if different from MMDDYYYY cash was received in If more than one payment, Item29 o:1|z:5|z:o:2:1 $ 10050-00 checkhere...> D $ .00 32 Amount of cash received (In U.S. dollar equivalent) (must equal item 29) (see instructions): a U.S. currency $ .00 (Amount in $100 bills or higher $ .00 ) b Foreign currency $ .00 (Country > ) c Cashier's check(s) $ .00 Issuer's name(s) and serial number(s) of the monetary instrument(s) b d Money order(s) $ .00 Bank of America e Bank draft(s) $ 10050 .00 f Traveler’s check(s) $ .00 33 Type of transaction 34 Specific description of property or service shown in a D Persona‘ Dropefiy DUfChaSGd f D Debt Ob'igafions Paid 33. Give serial or registration number. address, docket b D Real property purchased g D Exchange of cash number, etc. > 20.1305” c D Personal services provided h Escrow or trust funds d D Business services provided i D Bail received by court clerks e D Intangible property purchased i D Other (specify in item 34) b Business That Received Cas h 35 Name of business that received cash I 36 Employer identification number 19th District Coun 37 Address (number, street, and apt. or suite no.) 16077 Michigan Ave - - . . i . I I I 38 City 39 State 40 ZIP code 41 Nature of your business %/M Dearborn M : I 481 26 Ml District Court 42 Under penalties of erjury. | declare that to the best of my knowledge the information | have furnished above is true, correct, and complete. ' ’ Dep. Court Clerk s'gnatm k Title ' ’ Authorized official 43 Date of M M D D Y Y Y Y 44 Type or print name of contact person 45 Contact telephone number Signature o g 1 2 g 5 z : o 2 z 2 1 Dawn Novak (313)943-2859 Ins Form 8300 (Rev. 8-2014) Cat. No. 621333 FInCEN Form 8300 (Rev. 3-2014) IMAGED STATE OF MICHIGAN IN THE 19TH DISTRICT COURT FOR THE COUNTY OF WAYNE HASSAN HACHEM, Case No.: 20-7305LT Plaintiff Hon.: Mark Somers v. AHMED AL-HUSSEINE, Defendant. / Jeahad Kadaf (P82492) Mohammed Abdrabboh (P61989) Attorney for Plaintiff Attorney for Defendant 22174 Michigan Avenue 1360 Porter St., Ste 210 Dearborn, MI 48124 Dearbom, MI 48124 (313) 942-3200 (313) 582-5800 / Motion For Relief From Order Pursuant to MCR 2.612 (C) (1} (a1 for good cause and U H.L6L 'NHCEBVBG {1} excusable error _ § .LOIHLSIG N E NVSIHOIW NOW COMES Defendant/Counter-Plaintifi‘ AHMED AL-HUSSEINE, by and through its .LHnOO attorneys, MAF Law, P.C., and for its Motion states as follows: 1.) An Order was entered by this Court in this case (Exhibit A) on October 29, 2020 alereinafier “Order”) and mailed to counsel for both parties shortly thereafier. 2.) In sum and substance, the Order granted Defendant/Counter-Plaintiff‘s request to transfer complaint to Circuit Court. 3.) The Order and Stay was conditioned on and required Defendant/Counter—Plaintiff to make escrow rent payments in the total amount of $3350 per month, starting Nov. 1, 2020. IMAGED 4.) The Order further required that Defendant/Counter—Plaintiff amend his complaint in order to comply with the ‘greater than $25,000’ requirement prior to moving the Clerk ofthe 19th District Court to transfer this case to Wayne County Circuit Court. 5.) Dun'ng some point in early November 2020, undersigned counsel contracted the Covid 19 virus and was ill for several days, thereafler, undersigwd was in quarantine until December 4, 2020 as he did not leave his home. 6.) Defendant/Counter—Plaintiff’s counsel didn’t realize he had already pled for more than $25,000 in damages but failed t0 mention this to the Court during the motion held on October 29, 2020. Had undersigned mentioned it, the Court would not have made it a requirement to amend the complaint prior to the transfer. 7.) Due to his illness, undersigned counsel did not deposit monies in escrow sent via checks to his office by Defendant/Counter—Plaintiff as directed by the Court to be placed in escrow (Nov & Dec for $3350 each). 8.) Upon overcoming his illness, undersigned contact the Court and was advised of the requirement in the Order to ‘amend the complaint within 14 days’ and that this was a pre- condition to transferring the case to the Wayne County Circuit Court. Undersigned submits that this was an error and an excusable one as he should have alerted the Coun that this requirement had already been met even prior to the October 29, 2020 hearing. 9.) Undersigned contacted opposing counsel in this matter and he concurred in the relief sought, see attached Exhibit B. 10.) The purpose of this motion is seeking an order form this court that clarifies and permits the following: IMAGED A) Recognizes excusable neglect in not complying with the Order of 10/29/20 and also grants relief fiom other portions of the aforementioned error as outlined above as good cause has been shown by undersigned. B) Allows Plaintiff without penalty to turn over Nov and Dec 2020 escrow payment to the Court immediately. C) Recognizes that no need exists for any amendments to Counter-claim as judicial notice is taken that the ‘greater than $25,000’ requirement has been met/pled, as such it is now moot. D) That upon payment of fees and the granting of this motion, a new order transferring this case to Wayne County Circuit Court shall enter. E) Or any other Order that the Court shall enter that will more emciently permit the transfer of this Case to Wayne County Circuit Court. Without clarification, the Clerk of Court at 19th District has advised it is not possible for failure to ‘amend withing 14 days’ per the 10/29/20 Order. Respectfully Submitted, /s/ Mohammed Abdrabboh MAF LAW, P.C. Mohammed Abdrabboh (P6 1 989) Attorney for Defendant/Counter—Plaintifi‘. 1360 Porter St., Suite 250 Dearbom, MI 48124 Dated: December 11, 2020 (313) 582-5800 PROOF OF SERVICE IMAGED Kal Khalil, being fully sworn, deposes and says that on Dec 11, 2020, he served this motion onto all counsel of record via first class mail and sent to the court via first class mail. I declare this statement to be true to the best of my knowledge, information and belief. /s/ Kal Khalil Kal Khalil IMAGED EXHIBIT A IMAGED w. scan 1d «um GhIlI-culfllo w?awm Clam: «newm 8m 0pm. mm-Mmagw -