UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSIESTA VILLAGE MARKET, L.L.C.,d/b/a SIESTA MARKET, JOE CHESSand TERRY FOWLER,Case No. 2:06-cv-13041Plaintiffs,Assigned to Denise Page HoodvJENNIFER GRANHOLM, Governor of

STIPULATION AND ORDER FOR STAY OF

Michigan, MICHAEL COX, Attorney

INJUNCTION, ORDER AND JUDGMENT

General of Michigan, and NIDA SAMONA,

PENDING APPEAL

Chairperson of the Michigan LiquorCommission,Defendants,andMICHIGAN BEER & WINE WHOLESALERSASSOCIATION,Intervening Defendant.Robert D. Epstein (6726-49)EPSTEIN COHEN DONAHOE & MENDESAttorneys for Plaintiffs50 S. Meridian StreetSuite 505Indianapolis, IN 46204317-639-1326/FAX: 317-638-9891James A. Tanford (16982-53)Indiana University School of LawAttorneys for Plaintiffs211 South Indiana AvenueBloomington, IN 47405812-855-4846David D. Whitaker (P40299)Attorney for Plaintiffs3940 Audubon RoadDetroit, MI 48224Anthony S. Kogut (P31697)Willingham & Cote’, P.C.Attorneys for Intervening Defendant333 Albert Avenue; Ste. 500East Lansing, MI 48823(517)351-6200Michael A. Cox (P43039)Attorney GeneralBy: Howard E. Goldberg (P14095)First Assistant Attorney GeneralDarnelle Dickerson (P35107)Assistant Attorney GeneralAttorneys for DefendantMichigan Department of Attorney GeneralAlcohol and Gambling Enforcement Division24155 Drake RoadFarmington, MI 48335248-888-8800By: Gerald A. Whalen (P44084)Assistant Attorney General7150 Harris DriveP.O. Box 30005Lansing, MI 48909517-322-1367

Case 2:06-cv-13041-DPH-MKM Document 56 Filed 10/06/2008 Page 1 of 3

STIPULATION FOR STAY OF INJUNCTION, ORDER AND JUDGMENT

The parties by and through their respective counsel hereby stipulate and agree thatpursuant to Federal Rule of Civil Procedure 62 that the injunction, order and judgmententered by the Court on September 30, 2008 be stayed from the date of entry of theSeptember 30, 2008 order and the judgment through the pendency of any appeal filed in thismatter. Should no notice of appeal be filed within the time frame permitted by the applicablecourt rules or should an appeal be filed but then abandoned, the stay shall be dissolved.The parties believe this stay is warranted because of the significance of the legalissues presented by this case and because this case involves a longstanding statutoryscheme which the State will be enjoined from enforcing should a stay not be entered pendingthe taking of an appeal and during the pendency of an appeal.The parties agree to entry of the order set out below.Dated: October 2, 2008Dated: October 2, 2008EPSTEIN COHEN DONAHOE & MENDESMICHAEL A. COXAttorneys for PlaintiffsAttorney GeneralAttorney for Defendant StateBY

s/Anthony S. Kogut with consent