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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE CITY OF TAYLOR, a Michigan municipal corporation, Plaintiff,

v. EDWARD D. PLATO, in his official capacity as former corporation counsel for the City of Taylor, Defendant, TOMKIW DALTON, plc Attorney for Plaintiff Daniel P. Dalton (P44056) 612 East 4th Street Royal Oak, MI 48067 Tel. (248) 591-7000 Fax (248) 591-7790 ddalton@tomkiwdalton.com JAMES TAMM (P38154) DREW W. BROADDUS (P 64658) Attorneys for the proposed Intervener Taylor City Council 4111 Andover Road, Ste. 300E Bloomfield Hills, MI 48302 (248) 433 2000 LAW OFFICES OF THOMAS RYAN Attorney for Defendant Thomas J. Ryan (P 19808) 2055 Orchard Lake Road Sylvan Lake, MI 48320 (248) 334-9938 Hon. Susan Borman Case No. 09-030552

CHRISTOPHER J. JOHNSON (P32937) EDWARD D. PLATO (P29141) Co-Counsel for Defendant 34405 West 12 Mile Rd. Suite 200 Farmington Hills, MI 48331 (248) 489-4100

Plaintiffs Supplement to its Motion for Civil Contempt NOW COMES the Plaintiff, CITY OF TAYLOR, by and through its attorneys, Tomkiw Dalton, PLC, and for its Supplement to its Motion for Civil Contempt states as follows:: 1. On November 24, 2009, Defendant Plato was notified that his legal services were no

longer needed by the City of Taylor. After he refused to accept his termination or to return files, the City of Taylor filed suit against him on December 11, 2009.

2.

On February 5, 2010, this Court entered an Order drafted and signed by both

parties which stated: Mayor had the unilateral authority to remove Edward Plato as Corporation Counsel on November 24, 2009. Mr. Plato shall return all client files and other city property, and cease interfering in actions of the City as Corporation Counsel. 3. The issue in this case not only Defendant Platos role as corporation counsel but also

his efforts as insurance defense counsel. The City of Taylor is insured through Travelers insurance, who, has provided that the City may select any insurance defense attorney it may desire for its insurance defense needs. Exhibit 1 4. The City of Taylor does not wish to have Mr. Plato or members of his firm represent

it in any case, whatsoever, and respectfully request this Court to Order him to transfer all files involving the City of Taylor to the City immediately. 5. Travelers insurance has assigned at least one file wrongfully held by Plato to another

attorney for defense work. Exhibit 2 6. Plaintiff requests that this Court force compliance with the Courts Order, and award

the Plaintiff compensatory relief in the form of attorney fees for his civil contempt sanction. See MCL 600.1701(g), MCL 600.1715 and MCL 600.1721. Respectfully Submitted, TOMKIW DALTON, plc.

By: _____________________________ Daniel P. Dalton (P44056) Tomkiw Dalton, plc Attorney for Plaintiff 612 East 4th Street Royal Oak, MI 48067 (248) 591-7000 Date: March 2, 2010

PROOF OF SERVICE STATE OF MICHIGAN COUNTY OF OAKLAND ) ) SS )

Debbie Pomber, being first duly sworn, deposes and says that on the 2nd day of March 2010 she served a copy of Plaintiffs Supplement for its Motion for Civil Contempt, and this Proof of Service upon: Thomas J. Ryan, Esq. 2055 Orchard Lake Rd Sylvan Lake, MI 48320-1746 James Tamm, Esq. Drew W. Broaddus, Esq.
O'Connor De Grazia Tamm & O'Connor PC

Christopher J. Johnson, Esq. Edward D. Plato, Esq.


Johnson Rosati LaBarge Aseltyne & Field PC

34405 W 12 Mile Rd Ste 200 Farmington Hills, MI 48331-5627

4111 Andover Rd Ste 300E Bloomfield Hills, MI 48302-1949 via facsimile and regular U.S. Mail.

Debbie Pomber Dated: March 2, 2010