Plumbers & Pipefitters Local Union No. 162 et al v. Precision Piping, Inc.

Filing 16

ORDER - Plaintiff's Motion for Relief from Order Dismissing Caseunder Fed. R. Civ. P. 60(b)(Doc. No. 15) is denied as moot. The case is not dismissed for want of prosecution; the judgment debtor proceedings will remain vacated because they do not appear to be necessary at this point. Signed by Magistrate Judge Michael R Merz on 8/22/2013. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PLUMBERS & PIPEFITTERS LOCAL
UNION NO. 162, et al.,
Plaintiffs,

:

Case No. 3:12-cv-121
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

-vs:
PRECISION PIPING, INC.,
Defendant.

ORDER
This case is before the Court on Plaintiff’s Motion for Relief from Order Dismissing Case
under Fed. R. Civ. P. 60(b)(Doc. No. 15).
The Motion is DENIED as moot. The Minute Entry on the docket which reflects that the
“case” was dismissed for want of prosecution is in error. In fact, when Plaintiff’s counsel failed
to appear for the debtor’s examination scheduled for 2:00 p.m. on August 21, 2013, the
Magistrate Judge ordered the judgment debtor proceeding dismissed for want of prosecution and
the docketing clerk’s minutes are in error. The case is not dismissed for want of prosecution; the
judgment debtor proceedings will remain vacated because they do not appear to be necessary at
this point.
August 22, 2103.
s/ Michael R. Merz
United States Magistrate Judge

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