Michigan Laborers' Pension Fund v. Rite Way Fence, Inc. et al

Filing 89

ORDER Granting in Part and Denying in Part Plaintiff's 75 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHIGAN LABORERS’
PENSION FUND,
Plaintiffs,

Case No. 14-cv-14142
Hon. Matthew F. Leitman

v.
RITE WAY FENCE, INC. et al.,
Defendants.
_________________________________/
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT (ECF #75)
On January 17, 2017, Plaintiffs the Michigan Laborers’ Pension Fund (the
“Fund”) filed a motion for summary judgment on its claims against Defendants Rite
Way Fence, Inc. (“Rite Way”), Marx Contracting, Inc. (“Marx”), H & H Rentals,
LLC (“H&H”), and Eugene Zapczynski. (See ECF #75.) The Court held a hearing
on the Fund’s motion on May 3, 2017.
For the reasons stated on the record at the hearing, the Fund’s motion is
GRANTED IN PART AND DENIED IN PART as follows:
 The Fund’s motion is GRANTED with respect to Defendants Rite Way.
Marx, and H&H; and

 The Fund’s motion is DENIED with respect to Defendant Zapczynski.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 3, 2017

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 3, 2017, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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