Opinion
Case Number 11-50073
09-02-2011
BOARD OF TRUSTEES SHEET METAL WORKERS NATIONAL PENSION FUND, Plaintiffs, v. WG HEATING, LLC and WINCHESTER LAND, LLC, Defendants.
Honorable David M. Lawson
ORDER DENYING EX PARTE MOTION FOR ENTRY OF ORDER MODIFYING
RESTRAINING ORDER AND AUTHORIZING DISBURSEMENT OF GARNISHED
FUNDS
The matter is before the Court on the plaintiff's ex parte motion for entry of order modifying restraining order and authorizing disbursement of garnished funds. The Court finds that it is improper to adjudicate this motion on an ex parte basis. All of the parties have a right to notice and an opportunity to be heard. See Fuentes v. Shevin, 407 U.S. 67, 90-91 (1972). Therefore, the Court will deny the plaintiff's motion without prejudice. It may be resubmitted as a motion in compliance with the local rules. See E.D. Mich. LR 7.1.
Accordingly, it is ORDERED that the plaintiff's ex parte motion for entry of order modifying restraining order and authorizing disbursement of garnished funds [dkt. #195] is DENIED WITHOUT PREJUDICE.
DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on September 2, 2011.
Deborah R. Tofil
DEBORAH R. TOFIL