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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ELECTRICAL WORKERS PENSION 

TRUST FUND OF LOCAL UNION #58, 

IBEW, et al.

Plaintiffs,

CASE NO. 09-10523

-vs- HONORABLE ARTHUR J. TARNOW 

SKY LITE ELECTRIC, INC. and

D & M ELECTRIC, INC.,

Defendants.

___________________________________/

ORDER DENYING DEFENDANTS’ MOTION FOR

RECONSIDERATION AND GRANTING

DEFENDANTS’ MOTION FOR RELIEF FROM JUDGMENT

This matter has been brought before the Court pursuant to Defendants’ Motion for

Reconsideration of Order Rejecting Report and Recommendation and Granting Plaintiffs’ Motion

for Summary Judgment and Motion for Relief from Judgment, with a response having been filed by

Plaintiffs.

With respect to Defendants’ Motion for Reconsideration, Eastern District of Michigan Local

Rule 7.1(g)(3) provides for reconsideration if the movant demonstrates a palpable defect by which

the court and the parties have been misled, and further demonstrates that correcting the defect will

result in a different disposition of the case. “A ‘palpable defect’ is a defect which is obvious, clear,

unmistakable, manifest, or plain.” Fleck v. Titan Tire Corp., 177 F. Supp. 2d 605, 624 (E.D. Mich.

2001). “[T]he court will not grant motions for rehearing or reconsideration that merely present the

same issues ruled upon by the court, either expressly or by reasonable implication.” L.R. 7.1(g)(3).

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Defendants have failed to make the required showing for reconsideration. Therefore, Defendants’

Motion for Reconsideration is DENIED.

With respect to Defendants’ Motion for Relief for Judgment, having considered the

Defendants’ arguments, and the Plaintiffs’ response to those arguments, the Motion is GRANTED

as follows:

IT IS HEREBY ORDERED that The Conclusion Section of the Order Rejecting Report

and Recommendation and Granting Plaintiffs’ Motion for Summary Judgment [39] is deleted and

replaced with the following: 

IV. CONCLUSION

The Court having reviewed the record, the Magistrate’s Report and

Recommendation, and the parties’ pleadings in this case, and being fully advised in

the premises,

IT IS HEREBY ORDERED that Plaintiffs’ Objections [36] are

SUSTAINED, and the disposition proposed in the Report and Recommendation [34]

is REJECTED.

IT IS FURTHER ORDERED that Plaintiffs’ Motion for Summary Judgment

[20] is hereby GRANTED. Accordingly,

IT IS FURTHER ORDERED that Defendants shall be required to make

available to an auditor appointed by Plaintiffs all of their books, records and

accounts only through July 21, 2007 showing work performed by employees, hours

worked by employees, and any sums paid to Plaintiffs and to employees covered by

the collective bargaining agreement;

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IT IS FURTHER ORDERED that, based upon the auditor’s review of those

records, Plaintiffs shall prepare an audit reflecting all amounts that Plaintiffs claim

are owed by Defendants to Plaintiffs, including delinquent contributions and

liquidated damages, with Defendants having the right to dispute both the amounts

owed and the duration of their obligation under the collective bargaining agreement

to contribute to Plaintiffs.

IT IS FURTHER ORDERED that the Judgment [40] is vacated. 

S/ARTHUR J. TARNOW 

Arthur J. Tarnow

Senior United States District Judge

Dated: February 7, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on

February 7, 2011, by electronic and/or ordinary mail.

S/LISA M. WARE 

Case Manager

Stipulated as to form:

SACHS WALDMAN SCHWARTZ LAW FIRM

BY: /s/ George H. Kruszewski BY: Jay A. Schwartz w perm. GHK 10/23/09

GEORGE H. KRUSZEWSKI (P25857) JAY A. SCHWARTZ (P45268)

Attorneys for Plaintiffs ERIK GRANEY (P69942)

1000 Farmer Street Attorneys for Defendants

Detroit, MI 48226 37887 W. Twelve Mile Road

(313) 965-3464 Suite A

gkruszewski@sachswaldman.com Farmington Hills, MI 48331

248 553 9400

jschwartz@schwartzlawfirmpc.com

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February 3, 2011

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