Opinion
08-22-2013
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and ARTHUR H. BUNTE, JR., Plaintiffs, v. SCHEEL'S CONCRETE, INC., Defendant.
Paul D. Borman
United States District Judge
Mona K. Majzoub
United States Magistrate Judge
ORDER (1)ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION (Dkt. No. 38);
(2) GRANTING PLAINTIFFS' MOTION TO CONTINUE HEARING (Dkt. No. 28); and
(3) GRANTING IN PART PLAINTIFFS' MOTION FOR AN ORDER DIRECTING
FORMSPEC TO DEPOSIT ALL PERIODIC PAYMENTS OWED TO SCHEEL'S WITH
THE COURT (Dkt. No. 32)
Before the Court is Magistrate Judge Mona K. Majzoub's Report and Recommendation. (Dkt. No. 38.) The parties were served with the Report and Recommendation on July 22, 2013.
Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Magistrate Judge's Report and Recommendation, GRANTS Plaintiffs' Motion to Continue Hearing (Dkt. No. 28), and GRANTS IN PART Plaintiffs' Motion for an Order Directing Formspec to Deposit All Periodic Payments Owed to Scheel's With the Court (Dkt. No. 32).
As recommended by the Magistrate Judge, the Court ORDERS that discovery in this matter will remain open through October 31, 2013. The Court further ORDERS that Formspec deposit the monies and assets it holds for Scheel's benefit in a separate, interest-bearing account pending resolution of the priority dispute in this matter.
IT IS SO ORDERED.
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE 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 August 22, 2013.
Deborah Tofil
Case Manager