United States ex rel Enterprise Roofing & Sheet Metal Company v. Brigadier Construction Services LLC et al

Filing 4

RECUSAL ORDER - This is a Miller Act case, assigned to the undersigned under the Dayton General Order of Assignment and Reference when it was filed on May 8, 2017. Because there is as yet no return of service on the Defendants, it is likely that a preliminary pretrial conference will not be held for several months and any preliminary pretrial conference order is likely to set dates for summary judgment practice and trial after the expiration of my term of office on March 1, 2018. Accordi ngly, I hereby recuse myself from further participation in this case as a judge and direct the Clerk to reassign the case to one of the other Magistrate Judges resident at Dayton. Magistrate Judge Michael J. Newman added. Signed by Magistrate Judge Michael R. Merz on 5/11/2017. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Ex rel Enterprise Roofing & Sheet
Metal Co., et al.,
Plaintiffs,

-

vs

:

Case No. 3:17-cv-162
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

-

BRIGADIER CONSTRUCTION
SERVICES LLC, et al.,
Defendants.

:

RECUSAL ORDER

This is a Miller Act case, assigned to the undersigned under the Dayton General Order of
Assignment and Reference when it was filed on May 8, 2017. Because there is as yet no return
of service on the Defendants, it is likely that a preliminary pretrial conference will not be held for
several months and any preliminary pretrial conference order is likely to set dates for summary
judgment practice and trial after the expiration of my term of office on March 1, 2018.
Accordingly, I hereby recuse myself from further participation in this case as a judge and direct
the Clerk to reassign the case to one of the other Magistrate Judges resident at Dayton.

May 11, 2017.
s/ Michael R. Merz
United States Magistrate Judge
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