Judge dismisses suit filed by Dream Nite Club creditor
On Tuesday in the Washtenaw County Trial Court, Judge Timothy Connors effectively dismissed a suit filed by Shafiq Kasham, the man who loaned the now-defunct Dream Nite Club $350,000.
AnnArbor.com file photo
“There was no factual, legal merit for the lawsuit,” said City Attorney Stephan Postema. “It never should have been filed.”
On May 18, a federal court judge denied a similar liquor license request made by V.R. Entertainment - comprised of Vickash Mangray, Jeff Mangray and Moonie Mangray - the group that owned the erstwhile nightclub.
The motion to dismiss Kasham’s suit - one of many in the ongoing drama between the city and the Dream Nite Club - referred to V.R. Entertainment as “the operator of a long-standing nuisance bar.”
“(Kasham) evidently unwisely loaned money to owners of the Dream Nite Club & Lounge and has now filed this meritless lawsuit naming as defendants the city of Ann Arbor, the Ann Arbor Police Department (and) the Ann Arbor City Council,” read the city’s motion to dismiss the lawsuit. The motion was filed on April 25.
Kasham and his attorney, Roger Farinha, who is also representing V.R. Entertainment in a nuisance case brought against them by the city, did not file a response to the city’s motion in this lawsuit.
“Plaintiff has not provided any timely response to the defendant’s motion,” court records said, “and has failed to provide any substantively admissible evidence to refute defendants’ motion.”
A hearing is scheduled June 6 in the Washtenaw County Trial Court before Judge Melida Morris in yet another lawsuit filed by V.R. Entertainment. This state lawsuit essentially seeks to do what the federal judge and Connors dismissed in the other cases - get the nightclub its liquor license back.
Dream Nite Club was evicted from its former location on South Fourth Avenue May 9 for not paying its rent.
When reached by telephone, Farinha said a response to the city’s motion in Kasham’s case wasn’t filed because the attorney intends to deal with the situation at the June 6 hearing.
“It is the exact same situation,” he said. “We’re going to deal with that exact same situation next week.”
There will be more happening even before that.
The $3 million lawsuit Dream Nite Club filed against the city that claims the nightclub’s customers were harassed because of their racial diversity is expected to come before a federal court judge Wednesday afternoon. The judge will hear oral arguments and may not immediately issue a ruling, but the case could possibly be dismissed.
Comments
Roadman
Thu, May 31, 2012 : 1:19 a.m.
There was a hearing this afternoon in federal court before Judge Paul Borman where oral arguments were given by City Attorney Steve Postema and Dream-Nite counsel Roger Farinha. Borman took the arguments under advisement and will rule later. Postema, unlike prior hearings involving Dream-Nite, was not accompanied by sidekicks Bobby West and Mary Fales, but did bring along four young interns. A representative of People Against Corruption was in the audience as well in support of Dream-Nite. Judge Borman described the Ann Arbor City Council proceedings as "like Alice in Wonderland". He asked whether Tony Derezinski was a former solicitor general for Michigan, to which Postema replied he was a former state senator. In related news, Judge Timothy Connors, an Engler appointee, recently put up a re-election campaign website that is under construction, although his challenger Michael Woodyard has already had a fully operable campaign website for several weeks and Woodyard's red-white-and-blue campaign bumper stickers are beginning to appear on Ann Arbor vehicles.
Roadman
Wed, May 30, 2012 : 4:54 p.m.
The registered political action committee People Against Corruption is watching this case and other questionable cases involving Timothy Connors and the circuit court closely. AnnArbor.com has not followed up on the felony embezzlement charges that jury administrator Kimberly Elmer was arraigned on last year. This is an example of credible allegations of circuit court corruption in this county. I believe the electorate replacing Connors with Michael Woodyard this November would be a step in the right direction. God bless Washtenaw County and Michael Woodyard.
craigjjs
Wed, May 30, 2012 : 1:23 p.m.
They didn't even file papers opposing the motions to dismiss? I hope the city is making a motion for sanctions against the plaintiffs and the lawyer. The cases were obviously lacking merit and should not have been commenced.
clownfish
Wed, May 30, 2012 : 12:49 p.m.
Interesting. Evidently the Judge is The Bad Guy. The Good Guys run a nightclub that has a history of requiring tax payer paid police to show up on a regular basis, they serve alcohol to minors, didn't pay their rent and have a hard time controlling the drunks that roll in and out of their establishment resulting in multiple fights and other public disturbances. I wonder what kind of "values" makes the judge the Bad Guy and the people that run a public nuisance the Good Guys?
pbehjatnia
Wed, May 30, 2012 : 12:35 p.m.
I hope they go above Connors and appeal. I really do.
halflight
Wed, May 30, 2012 : 1:26 p.m.
Not going to happen. If a plaintiff fails to respond to a motion to dismiss, there's no issue to appeal.
josemartin
Wed, May 30, 2012 : 12:19 p.m.
Washtenaw County judges doing the City of Ann Arbor's bidding? No surprise there.
Sam
Wed, May 30, 2012 : 3:07 a.m.
Judge Connors, when are you going to give these people a break? Last year, you violated their due process rights. Now a decision before the scheduled hearing? The hands of justice grind slowly, but surely. Your day is right around the corner. Go Mike Woodyard! Out with the same old story. Bring refreshing change to the syystem.
pbehjatnia
Wed, May 30, 2012 : 12:37 p.m.
Thank you for saying it. I couldn't agree more. This is a joke and so is the bench.
Soothslayer
Wed, May 30, 2012 : 12:23 p.m.
It's a travesty of justice each day Connors shows up for work.
eyesofjustice
Wed, May 30, 2012 : 2:50 a.m.
A2buzz.org is a web site dedicated to Judge Connors rullings Michael Woodyard would be the guy to vote for, this election......look him up!
halflight
Wed, May 30, 2012 : 1:21 p.m.
When I typed "A2buzz.org" in my web browser, I received the following notice from my web security service provider: "Trend Micro has confirmed that this website can transmit malicious software or has been involved in online scams or fraud." Hey, at least their website and their legal arguments have a consistent character.
eyesofjustice
Wed, May 30, 2012 : 2:35 a.m.
Would Judge Connors hear the case? In a previous Public Nucense action he had to remove himself from the case, because aparently his daughter worked at Studio 4( same owners ) In fact this is why Melinda Morris has handled the City Of Ann Arbor vs Dream Nite Club, public nusense casses, two were dismissed and one is pending. Judge Connors also signed a restraining order against Dream Nite Club, after he removed himself, from a preivious case......????......Federal Court Detroit ......get your popcorn ready!
halflight
Wed, May 30, 2012 : 1:11 p.m.
If Mr. Kasham objected to Judge Connors hearing the case, his attorney should have filed a motion for Judge Connors to recuse himself. Instead, Mr. Kasham's attorney failed to respond to the City's motion to dismiss the complaint, and Judge Connors was obliged by law to dismiss Mr. Kasham's complaint. The outcome would be the same regardless of the judge. If a plaintiff fails to respond to a defendant's motion to dismiss, a judge must dismiss the case.
eyesofjustice
Wed, May 30, 2012 : 2:38 a.m.
Excuse me......I was just told its his Stepdaughter
Honest Abe
Wed, May 30, 2012 : 1:23 a.m.
Dream night club (studio 4), Jeff and his son Vickash, AKA- "Reece", need to go once and for all. They never knew how to run and operate a club from the start. These guys realized that running a club is not easy as it looks. My brother owns a nightclub in Chicago, and it takes everything he has to run it the correct way! This involves working with your local government and the police, as well as keeping your patrons safe but civilized too. These guys did chose not to put in the hard work, instead they thought the money would come pouring in, and the club would run itself. Instead the club "got away" from them and you see what happens! Fights, drugs, shootings, unruly crowds at closing, alcoholic containers leaving the premises and litter everywhere when you drive by in the morning. Good Riddance to Dream Nite Club!!!!
pbehjatnia
Wed, May 30, 2012 : 12:39 p.m.
Abe, Chicago is a different town with a real PD. Not to mention a few palms in need of grease. "Working with your local govt" is a real nice way of putting it.
Honest Abe
Wed, May 30, 2012 : 1:25 a.m.
Correction- I meant to say "These guys chose not to put in the hard work..."
halflight
Wed, May 30, 2012 : 12:20 a.m.
"When reached by telephone, Farinha said a response to the city's motion in Kasham's case wasn't filed because the attorney intends to deal with the situation at the June 6 hearing. " That's fine, except the June 6 hearing is for a separate law suit between the City and V.R. Entertainment, to which Mr. Kasham apparently is not a party. If Mr. Farinha thinks Judge Morris' decision on June 6 is adequate to protect Kasham's interests, why did he file a separate law suit with Kasham as a plaintiff? Has he explained to Mr. Kasham that he wasted billable hours and filing fees to draft and file a unnecessary and redundant complaint, only to have it dismissed without opposition?
eyesofjustice
Wed, May 30, 2012 : 12:19 a.m.
These cases were filed before the eviction of the nightclub, Michigan Liquor Control laws say that you must have a legal address to place a liquor license.
nowayjose
Tue, May 29, 2012 : 11:58 p.m.
Who didn't see that coming?
nickcarraweigh
Tue, May 29, 2012 : 11:45 p.m.
The same attorney fronting for the erstwhile saloon keepers in a suit versus the City of Ann Arbor also represents the debtor suing the saloon keepers for non-payment, so all the bases are covered. To quote my erstwhile Uncle Vito, "If a lightning bolt should come out of the sky and strike the one-time nuisance bar, I would blame some of the people in this room", especially if an insurance policy of some kind still is in force.
Halter
Tue, May 29, 2012 : 11:07 p.m.
June 6th's hearing will also most likely be dismissed.... This case is over. It doesn't matter how many lawsuits they are allegedly filing agains the city -- it was a nuisance case that is closed...and they are certainly not going to win any types of monetary awards against the city...