International Union of Operating Engineers Local 98 Health and Welfare Fund et al v. S&R Corporation

Filing 71

Judge Michael A. Ponsor: ORDER RE: FURTHER PROCEEDINGS entered. As follows; The Motion for Partial Summary Judgment (Dkt. No. 31 ) is hereby DENIED without prejudice, The Motion to Stay (Dkt. No. 50 ) is hereby DENIED without prejudice, and Counsel will have until 4/4/14 to complete the depositions. See the attached order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 98
HEALTH AND WELFARE FUND,
ET AL.,
Plaintiffs

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v.
S&R CORPORATION,
Defendant

C.A. No. 12-cv-30192-MAP

ORDER RE: FURTHER PROCEEDINGS
March 3, 2014
PONSOR, U.S.D.J.
Counsel appeared before this court on December 16, 2013
for argument on Defendant’s Motion to Stay (Dkt. No. 50),
and on Plaintiffs’ pending Motion for Partial Summary
Judgment (Dkt. No. 31).
Following the hearing, the court issued a Scheduling
Order (Dkt. No. 60), requiring the parties to submit a joint
status report by January 13, 2014 regarding negotiations
regarding possible resolution.

In addition, the court

ordered counsel to submit by January 13, 2014 a proposal to
“explore the position of management trustees either through
affidavits or depositions.”

As the court noted at that

time, the goal of the process was to address “the question
of whether the current mediation is designed to resolve

disagreements about past obligations to make disclosures
during audits, or whether it is only directed to the
question of future audits.”

Dkt. No. 60 at ¶ 2.

The court has now been informed that the negotiations
have not resulted in any progress towards resolution.

With

this in mind, the court orders as as follows:
1. The Motion for Partial Summary Judgment (Dkt.
No. 31) is hereby DENIED without prejudice.
2. The Motion to Stay (Dkt. No. 50) is hereby
DENIED without prejudice.
3. Counsel will have until April 4, 2014 to
complete the depositions of the two management
trustees at the September 25, 2013 meeting in which
Plaintiffs allege that the trustees agreed to
submit the “audit scope” issue to arbitration.
Defendant’s counsel will take the depositions of
these two trustees, Callahan and Tierney, on or
before April 4, 2014, and Plaintiffs’ counsel will
defend the depositions. No further additional
discovery will be permitted.
4. Plaintiffs may thereafter file a renewed Motion
for Partial Summary Judgment on or before May 5,
2014, and Defendant may oppose the motion by May
26, 2014. The court will thereafter either rule on
the motion on the papers, or will set it for
argument.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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