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

Filing 70

ORDER Holding in Abeyance and Suspending Briefing on 69 MOTION Relief from Order on Behalf of All Defendants filed by Mark G Bailey, Altchem Environmental Services, Inc., Demrex Industrial Services, Inc., Marc G. Bailey., and setting( Telephone Conference for 8/21/2012 02:30 PM 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,
Plaintiff,
v.

Case No. 10-15072

DEMREX INDUSTRIAL SERVICES, INC., et al.,

Defendants.
/
ORDER HOLDING IN ABEYANCE AND SUSPENDING BRIEFING ON
DEFENDANTS’ “MOTION FOR RELIEF FROM ORDER . . . ,” AND
SETTING TELEPHONIC CONFERENCE
On August 10, 2012, Defendants Demrex Industrial Services, Inc., Altchem
Environmental Services, Inc., Barry Portnoy, and Marc Bailey filed a “Motion for Relief
from Order . . . ,” which the court construes as a motion for reconsideration under
Eastern District of Michigan Local Rule 7.1(h). Defendants state that they are unable to
comply with a provision of the court’s “Order Directing Defendants to Provide
Accounting Information,” which requires them to produce, in a compressed zip file or
compact disk, the accounting databases of Demrex and Altchem. During an August 15,
2012 off-the-record telephonic conference, counsel for the parties, at the suggestion of
the court, agreed to work toward a practical solution to produce the accounting
information. The court said it would hold the motion in abeyance and suspend the
briefing schedule while the parties worked cooperatively toward a resolution.
Accordingly,

IT IS ORDERED that Defendants’ “Motion for Relief from Order . . .” [Dkt. # 69] is
HELD IN ABEYANCE and briefing on the motion is SUSPENDED pending further court
order.
IT IS FURTHER ORDERED that counsel for the parties are DIRECTED to
participate in a telephonic conference on August 21, 2012, at 2:30 p.m. The court will
initiate the call.

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

Dated: August 16, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 16, 2012, by electronic and/or ordinary mail.

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

S:\Cleland\JRC\Opinions and Orders\10-15072.Operating.Eng.324.Hold.Reconsideration.Abeyance.Telephone.Conf.jrc.wpd

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