STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [Name]
JANET A. OLSZEWSKI,
DIRECTOR OF THE DEPARTMENT
OF COMMUNITY HEALTH,
Plaintiff,
v File No. []
[Named Person],
Defendant.
/
PETITION FOR EX PARTE
RESTRAINING ORDER,
PRELIMINARY INJUNCTION AND
ORDER TO SHOW CAUSE
Janet A. Olszewski, Director of the Michigan Department of Community Health, by Michael A. Cox, Attorney General of the State of Michigan, through [AAG Name], Assistant Attorney General, petitions this Honorable Court for injunctive relief as follows:
1. Plaintiff, Janet A. Olszewski, is the Director of the Michigan Department of Community Health, with offices at the Lewis Cass Building - Sixth Floor, 320 South Walnut Street, Lansing, Michigan;
2. Defendant, [Name], currently resides in the State of Michigan at [address];
3. On [date] the Plaintiff issued an order pursuant to MCL 333.2251, finding an imminent danger to health or life, as set forth in the order, a copy of which is attached as ExhibitA;
4. Plaintiff's order (ExhibitA) required that Defendant [insert required action ignored or violated by Defendant];
5. Defendant was informed of the Plaintiff's order by [insert methods];
6. Defendant has failed to comply with the Plaintiff's order of [date], in that [insert details] as set forth in the Affidavit of [name], attached as Exhibit B and made a part hereof.
7. MCL 333.2251(2) authorizes the circuit court to restrain violations of an order of the Director of the Department of Community Health issued pursuant to that section;
8. Defendant's failure to comply with the Director's order of [date] creates an imminent danger to the health of Defendant and/or to the health of others;
9. Allowing Defendant to continue to violate the Director's order of [date] will cause irreparable harm to the People of the State.
WHEREFORE, Plaintiff, Janet A. Olszewski, Director of the Department of Community Health, requests that this Honorable Court grant the following relief:
A. Issue a temporary restraining order enjoining Defendant from violating the Order issued by the Director of the Department of Community Health on [date];
B. Issue an Order to Show Cause, requiring Defendant to appear and demonstrate to the court any reasons he/she may have that the court should not issue a preliminary injunction as prayed for in this complaint;
C. Issue a preliminary and permanent injunction prohibiting Defendant from violating the [date] order of the Director of Community Health; and
D. Grant such other relief as may be deemed appropriate.
Respectfully submitted,
Michael A. Cox
Attorney General
[AAG Name]
Assistant Attorney General
Attorney for Plaintiff
Department of Attorney General
Community Health Division
120 N. Washington Square
Lansing, Michigan 48933
(517) 663-5885
Dated: []
s:CHD; assign; projects; bio-terror training; petition to enforce §2251
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