LIBERTY MUTUAL INSURANCE CO. v. DeVere Construction Co., Inc. et al

Filing 44

ORDER GRANTING 42 Motion for Clarification and Amending April 14, 2016 Order. Signed by District Judge Thomas L. Ludington. (AChu)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LIBERTY MUTUAL INSURANCE CO., Plaintiff, v. Case No. 16-cv-10423 Honorable Thomas L. Ludington DEVERE CONSTRUCTION CO., INC., et al., Defendants. _______________________________________/ ORDER GRANTING MOTION FOR CLARIFICATION AND AMENDING APRIL 14, 2016 ORDER On March 14, 2016, Plaintiff Liberty Mutual Insurance Company filed a motion for a preliminary injunction. The motion was granted in part on April 14, 2016. Defendants seek clarification of certain portions of that order. First, they want to clarify that the injunction on “selling, transferring, disposing, or liening their assets and property” excepts payments of expenses in the ordinary course. Second, they want to clarify the production date for the materials Plaintiff was directed to produce. Defendants’ motion to clarify will be granted. Accordingly, it is ORDERED that Defendants’ Motion for Clarification, ECF No. 42, is GRANTED. It is further ORDERED that the April 14, 2016 Order granting in part Plaintiff’s motion for a preliminary injunction, ECF No. 41, is AMENDED as follows: The second order line should read: “It is further ORDERED that Defendants are ENJOINED and RESTRAINED from selling, transferring, disposing, or liening their assets and property, and from allowing their assets and property to be liened, except for transfers in the ordinary course of business, until further order of this Court.” All production ordered in the April 14, 2016 Order shall be completed by April 25, 2016, even if otherwise directed in a shorter period in the April 14, 2016 Order. Dated: April 22, 2016 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 22, 2016. s/Amanda Chubb for Michael A. Sian MICHAEL A. SIAN -2-

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