Certification of Judgment 10CV619 Eastern District of Virginia et al v. WG Heating, LLC

Filing 197

ORDER denying 195 Motion for Entry of Order Modifying Restraining Order and Authorizing Disbursement of Garnished Funds. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BOARD OF TRUSTEES SHEET METAL
WORKERS NATIONAL PENSION FUND,
Plaintiffs,
Case Number 11-50073
Honorable David M. Lawson

v.
WG HEATING, LLC and
WINCHESTER LAND, LLC,
Defendants.
______________________________________/

ORDER DENYING EX PARTE MOTION FOR ENTRY OF ORDER MODIFYING
RESTRAINING ORDER AND AUTHORIZING DISBURSEMENT OF GARNISHED
FUNDS
The matter is before the Court on the plaintiff’s ex parte motion for entry of order modifying
restraining order and authorizing disbursement of garnished funds. The Court finds that it is
improper to adjudicate this motion on an ex parte basis. All of the parties have a right to notice and
an opportunity to be heard. See Fuentes v. Shevin, 407 U.S. 67, 90-91 (1972). Therefore, the Court
will deny the plaintiff’s motion without prejudice. It may be resubmitted as a motion in compliance
with the local rules. See E.D. Mich. LR 7.1.
Accordingly, it is ORDERED that the plaintiff’s ex parte motion for entry of order
modifying restraining order and authorizing disbursement of garnished funds [dkt. #195] is
DENIED WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: September 2, 2011

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 September 2, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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