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

Filing 88

Judge Michael A. Ponsor: ENDORSED ORDER entered. re Dft's 85 Objection. OVERRULED. The June 30, 2014 ruling by Judge Neiman was neither clearly erroneous nor contrary to law. So Ordered. (Lindsay, Maurice)

Case 3:12-cv-30192-MAP Document 85 Filed 07/08/14 Page 1 of 8

UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 3:12-CV-30192-MAP

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

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DEFENDANT'S OBJECTIONS TO MAGISTRATE JUDGE NEIMAN'S ORDER OF

JUNE 30, 2014 DENYING DEFENDANT'S MOTION FOR RULE 56(d)

FOR LEAVE TO TAKE FURTHER DEPOSITIONS

Pursuant to Rule 2(b) of the Rules for United States Magistrate Judges in the United
States District Court for the District of Massachusetts, Defendant files this Objection and Notice
of Appeal to Magistrate Judge Neiman's Order of June 30,2014 denying Defendant's Motion
pursuant to Rule 56(d) for Leave to Take Further Depositions of Management Trustees.
This matter involves a suit filed by the Joint Labor-Management Board of Trustees of
various Local 98 Operating Engineer Fringe Benefit Funds seeking to compel Defendant to
produce, in an un-redacted fashion, certain fmancial records in the course of an audit yet to be
scheduled or conducted to determine if the Defendant has paid its fringe benefit obligations in
full. It is undisputed that Defendant offered to produce all requested records, but insisted on
redacting the amounts of money paid in such confidential and privileged matters as salaries or
other payments to corporate owners and officers, charitable and political contributions, amounts
of money privately negotiated with material suppliers and subcontractors and entries reflecting
the corporate profit and loss status. Identities of all recipients would be fully disclosed and only