Operating Engineers' Local 324 Fringe Benefit Funds v. Demrex Industrial Services, Inc. et al

Filing 39

CONSENT JUDGMENT Against Demrex Industrial Services, Inc ONLY in the amount of $534,773.53, plus attorney's fees and costs. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

OPERATING ENGINEERS’ LOCAL 324
FRINGE BENEFIT FUNDS and TRUSTEES
OF THE OPERATING ENGINEERS’
LOCAL 324 FRINGE BENEFIT FUNDS,
Plaintiffs,

Case No. 10-15072

v.

Hon. Robert H. Cleland

DEMREX INDUSTRIAL SERVICES, INC.,
ALTCHEM ENVIRONMENTAL SERVICES,
INC., BARRY C. PORTNOY, JASON
GOLDBERG and MARC G. BAILEY,
Defendants.
__________________________________________/
Jeffrey M. Lesser (P33298)
Attorney for Plaintiffs
39040 West Seven Mile Road
Livonia, Michigan 48152
[phone]
[e-mail]
__________________________________________/

Ryan W. Jezdimir (P63065)
Attorney for Defendants
3201 University Drive, Suite 100
Auburn Hills, Michigan 48326
[phone]
[e-mail]

CONSENT JUDGMENT AGAINST DEMREX INDUSTRIAL SERVICES, INC.
Plaintiffs having filed this action against Defendant Demrex Industrial Services, Inc.
(“Demrex”), the parties having agreed to resolution of this matter and stipulated to a Consent
Judgment, entry of which appears appropriate,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1.

Judgment is entered in favor of Plaintiffs against Demrex for the sum of

$534,773.53, plus attorney’s fees and costs as permitted by law.

2.

This Consent Judgment resolves claims against Demrex only and does not apply to

claims against remaining Defendants in this action.
3.

Plaintiffs’ may file a motion for attorney’s fees and costs at some point in the future

if Plaintiffs’ claims are not resolved, and such motion is not required to be filed within 28 days
after entry of judgment.
Dated: 11/1/11
s/Robert H. Cleland
U. S. District Judge
Approved as to form and content:

s/Jeffrey M. Lesser___________
Jeffrey M. Lesser (P33298)
Attorney for Plaintiffs
39040 West Seven Mile Road
Livonia, Michigan 48152
[phone]
[e-mail]

s/with consent of Ryan W. Jezdimir_
Ryan W. Jezdimir (P63065)
Attorney for Demrex Industrial
Services, Inc.
3201 University Drive, Suite 100
Auburn Hills, Michigan 48326
[phone]
[e-mail]

Dated: October 27, 2011

Dated: October 27, 2011

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