Appellees Brief - MLive.com
Appellees Brief - MLive.com
Appellees Brief - MLive.com
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
apart have somebody to <strong>com</strong>e in and take care of it. So they have a<br />
responsibility, and we will look at that.<br />
We‘re going to adjourn. I will look at the ex-parte and I‘ll sign it if I<br />
agree with it. So if you want to stay for a few minutes, you can do that.<br />
(6/9/2011 Motion Tr., pp. 61-66, Appendix 26B).<br />
On June 13, 2011, the trial court issued the second Order to Show Cause to<br />
DIBC (Appendix 27). The Order was directed to Dan Stamper, President, Detroit<br />
International Bridge Company. Mr. Stamper was ordered to personally appear<br />
before the Court and show cause why the Detroit International Bridge <strong>com</strong>pany<br />
RECEIVED by Michigan Court of Appeals 1/27/2012 7:20:43 PM<br />
should not be held in civil contempt for failure to <strong>com</strong>ply with the terms and<br />
provisions of the Court‘s February 1, 2010 Order. The June 13, 2011 Order to Show<br />
Cause was personally served on Mr. Stamper as president of DIBC on June 21,<br />
2011. (POS, Appendix 28). The Order to Show Cause was also served on DIBC‘s<br />
resident agent, Pat Moran on June 16, 2011, (POS, Appendix 29), on DIBC‘s legal<br />
counsel on June 16, 2011, (POS, Appendix 30) and on Safeco‘s counsel on June 14,<br />
2011 (POS, Appendix 31).<br />
d. July 8, 2011 Order.<br />
On July 8, 2011, the trial court issued an order addressing the show cause<br />
proceeding that had been held the previous day and the enforcement of the<br />
February 1, 2010 Order mandating specific performance. (Appendix 32). On the<br />
first day of the show cause hearing, DIBC presented Mr. Anderson, an engineer<br />
employed by Defendant Safeco in this case. (7/7/11 Tr., pp. 130-131). Mr. Anderson<br />
admitted he was not an independent expert, as he was hired by Safeco, DIBC‘s<br />
27