Sheet Metal Workers' Local Union No. 80 Insurance Trust Fund v. Accu-Clean Services L.L.C. et al

Filing 38

ORDER (1) Granting in Part and Denying in Part Defendants' 29 Motion for Summary Judgment and (2) Denying Plaintiff's 33 Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHEET METAL WORKERS’
LOCAL UNION NO. 80
INSURANCE TRUST FUND,
Plaintiffs,

Case No. 16-cv-10983
Hon. Matthew F. Leitman

v.
Accu-Clean Services L.L.C. et al,
Defendant.
____________________________________/
ORDER (1) GRANTING IN PART AND DENYING IN PART
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (ECF #29) AND
(2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
(ECF #33)
Plaintiff Sheet Metal Workers’ Local Union No. 80 Insurance Trust Fund
filed this action against Defendants Accu-Clean Services L.L.C. and William S.
White. On January 24, 2017, Defendants moved for summary judgment on all four
counts in Plaintiff’s Second Amended Complaint. (See ECF #29.) On March 3,
2017, Plaintiff moved for summary judgment on Count One of its Second
Amended Complaint.

The Court held a hearing on the parties’ motions for

summary judgment on June 7, 2017.
For the reasons stated on the record at the June 7, 2017, hearing, it is
HEREBY ORDERED that:
1

1. Defendants’ Motion for Summary Judgement (ECF #29) is
GRANTED IN PART AND DENIED IN PART as follows. The
Court GRANTS Defendants’ motion with respect to the claims
found in Counts Two, Three, and Four of the Second Amended
Complaint,

and

PREJUDICE.

the

claims

are

DISMISSED

WITH

The Court DENIES Defendants’ motion with

respect to Count One of the Second Amended Complaint.
2. Plaintiff’s Motion for Summary Judgement (ECF #33) is
DENIED.
Therefore, the only remaining claim in this case is the claim found in Count One of
the Second Amended Complaint.
IT IS SO ORDERED.

Dated: June 7, 2017

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on June 7, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

2