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

Filing 53

ORDER Directing Defendants to Respond to Outstanding Preliminary Discovery Issues by 2/3/2012 and Setting., ( Telephone Conference for 2/15/2012 09:30 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

OPERATING ENGINEERS’ LOCAL 324
FRINGE BENEFIT FUNDS,
Plaintiffs,
v.

Case No. 10-15072

ALTCHEM ENVIRONMENTAL SERVICES,
et al.,
Defendants.
/
ORDER DIRECTING DEFENDANTS TO RESPOND TO OUTSTANDING
PRELIMINARY DISCOVERY ISSUES AND SETTING TELEPHONIC CONFERENCE
On January 19, 2012, the court conducted a telephone conference with counsel
for the parties, during which Plaintiffs’ counsel indicated that, in spite of Defendants’
statement in a December 21, 2011 supplemental discovery report that it had satisfied
Plaintiffs’ initial discovery requests, four preliminary discovery issues remain
outstanding. The first three issues relate to purported payments Defendant Barry
Portnoy received from Defendant Demrex, and the fourth issue relates to Defendants’
counsel’s inability to obtain a declaration from Defendant Jason Goldberg.1 The court
informed counsel during the conference that it would impose a two week deadline for
Defendants to respond to the outstanding discovery issues. Accordingly,

1

In the interest of brevity, the court simply summarizes the four issues raised by
Plaintiffs in the conference. Plaintiffs are strongly encouraged to provide Defendants, in
a timely manner, a detailed recitation of the four outstanding preliminary discovery
issues so that it is clear to Defendants what they need to do to respond to the issues.

IT IS ORDERED that Defendants’ are DIRECTED to respond to all outstanding
preliminary discovery issues on or before February 3, 2012.2
IT IS FURTHER ORDERED that counsel for the parties shall participate in a
telephonic conference on February 15, 2012 at 9:30 a.m.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: January 23, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 23, 2012, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

2

The court observes that Defendants' actions over the course of the last four and
a half months, including apparent serial failure to satisfy orders of production, may
qualify them for substantial sanctions under Federal Rule of Civil Procedure 37(b) upon
additional failure(s).
S:\Cleland\JUDGE'S DESK\C1 ORDERS\10-15072.Operating.Eng.324.Order.Production.Requested.Discovery.jrc.wpd

2