Grand Electric, LLC v. International Brotherhood of Electrical Workers Local 265

Filing 132

MEMORANDUM AND ORDER regarding 120 Motion for Leave to Amend. Pursuant to the telephonic conference held today, 1) The parties shall confer and attempt to resolve the pleading issues presented by plaintiff's motion to add a cause of action see king a refund for any and all fringe benefit contributions allegedly overpaid by Grand Electric to the Defendant Funds and the Defendant Trustees (see filing no. 120 ); 2) If the parties are able to resolve the pleading issues described in paragraph (1) of this order, on or before November 23, 2010, the parties shall file a joint stipulation for amendment or the plaintiff shall file an unopposed motion to amend the pleadings in accordance with the parties' agreement. 3) If no agreement is reached regarding the pleading issues described in paragraph (1) of this order, on or before December 1, 2010, the plaintiff shall file a reply brief addressing the substantive law arguments raised in the defendant's brief opposing plaintiff's motion to amend. 4) The motion to compel filed on behalf of Defendants Dakotas Funds, (filing no. 124 ), is granted as stated. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA GR AND ELECTRIC, LLC, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 265, et. al., D e fe n d a n t s . ) ) ) ) ) ) ) ) ) ) ) 4:09CV3160 M EM ORANDUM AND ORDER Pursuant to the telephonic conference held today, IT IS ORDERED: 1) The parties shall confer and attempt to resolve the pleading issues presented by plaintiff's motion to add a cause of action seeking a refund for any and all fringe benefit contributions allegedly overpaid by Grand Electric to the Defendant Funds and the Defendant Trustees (see filing no. 120); If the parties are able to resolve the pleading issues described in paragraph (1) of this order, on or before November 23, 2010, the parties shall file a joint stipulation for amendment or the plaintiff shall file an unopposed motion to amend the pleadings in accordance with the parties' agreement. If no agreement is reached regarding the pleading issues described in paragraph (1) of this order, on or before December 1, 2010, the plaintiff shall file a reply brief addressing the substantive law arguments raised in the defendant's brief opposing plaintiff's motion to amend. The motion to compel filed on behalf of Defendants Dakotas Funds, (filing no. 124), is granted, and: a. On or before November 17, 2010, the plaintiff shall produce a copy of its general ledger for the January 1, 2005 to the present, and its monthly bank statements or financial account statements for each month during that time p e ri o d . All such records produced will be held confidential under the terms and provisions of the protective order entered in this case. See filing no. 115. November 10, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge 2) 3) 4) b.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?