Laborers Pension Trust Fund - Detroit and Vicinity et al v. Demrex Industrial Services, Incorporated

Filing 13

ORDER Setting Briefing Schedule ( Plaintiffs' Motion for Judgment due by 9/27/2011; Defendant's Cross Motion and Combined Brief in Opposition due by 10/18/2011, Plaintiffs' Combined Response and Reply due by 11/8/2011 and Defendant's Reply due by 11/22/2011) Signed by District Judge Robert H. Cleland. (LWag)

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

Trustees of the
LABORERS' PENSION TRUST FUND DETROIT AND VICINITY; LABORERS'
VACATION AND HOLIDAY TRUST FUND DETROIT AND VICINITY; LABORERS
METROPOLITAN DETROIT HEALTH &
WELFARE FUND; and MICHIGAN LABORERS'
TRAINING FUND, trust funds established under,
and administered pursuant to, federal law,
Plaintiffs,
v.

Case No. 11-10071

DEMREX INDUSTRIAL SERVICES, INC.,
Defendant,
/
ORDER SETTING BRIEFING SCHEDULE
On September 14, 2011, the court conducted a telephone conference with
counsel for Plaintiffs and Defendant. During the conference, counsel indicated that the
completion of an audit has narrowed the contested issues, and the most efficient way
to resolve the above-captioned matter is through motion practice. Accordingly,
IT IS ORDERED that Plaintiffs shall file a motion for judgment on or before
September 27, 2011. The motion shall be based, to the extent possible, on a set of
stipulated undisputed facts, which shall be incorporated into Plaintiffs’ motion but shall
not count toward the twenty-page limit imposed by local rule.1

1

The court employs this briefing method on the assumption that all material
facts will be undisputed and require only interpretation. Plaintiffs’ counsel shall take the
initiative at arriving at such a stipulated set of facts. Counsel may agree among
themselves how best to achieve the end product, but the court suggests that Plaintiffs
should serve their proposed facts on Defendant’s counsel. Defendant should then serve

Defendant shall file its cross-motion, supported by a combined brief in opposition
to Plaintiffs’ motion and in support of its motion, by October 18, 2011. The argument
portion of the brief shall be limited to twenty-five pages in length. To avoid being
administratively rejected by the Clerk’s office, the cross-motion must carry in its title a
parenthetical message saying “cross-motion combined with response at the direction of
the court.”
Plaintiffs shall file their combined reply and response brief by November 8, 2011.
The argument portion of the brief shall be limited to twenty-five pages in length.
Defendant shall file its reply brief no later than November 22, 2011. The brief
shall be limited to ten pages in length.2 Unless otherwise ordered, no hearing shall be
scheduled.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 19, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 19, 2011, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

its reaction to the proposed facts, particularly noting which facts, if any, are disputed,
and why, and proposing any additional undisputed facts. Plaintiffs should then
incorporate all undisputed facts into their opening brief. If the parties discover that there
exists a disputed material fact that seems to require a trial or evidentiary hearing for
resolution, they should immediately contact the court for consultation and advice.
2

If counsel believe that they need additional pages to adequately address the
relevant issues, they may contact the court’s case manager, who has authority to grant
reasonable page length extensions upon request. If the request is not granted by the
case manager, counsel will need to file a motion for leave to exceed the page limit.
S:\Cleland\JUDGE'S DESK\C1 ORDERS\11-10071.LABORERS.BriefingSchedule.jrc.2.wpd

2