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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION - DETROIT 

Trustees of the 

BRICKLAYERS PENSION TRUST FUND - 

METROPOLITAN AREA et al.,

 Plaintiffs, 

 

v. USDC Case No. 09-11290 

 HON. PATRICK J. DUGGAN 

EVERLAST MASONRY, INC./ 

DRKK DEVELOPMENT, LLC, alter egos, 

 Defendants. 

_____________________________________________________________________________ 

 

JOINT STIPULATION FOR ADMINISTRATIVE CLOSING DUE TO BANKRUPTCY

 NOW COME the parties1

 to this suit, by and through their attorneys,2 and submit this 

joint stipulation and proposed order in response to the Court’s Order to Provide Status, dated 

January 11, 2011. 

 

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 Plaintiffs Bricklayers Pension Trust Fund - Metropolitan Area; Bricklayers and Trowel Trades 

International Pension Fund; Bricklayers and Trowel Trades International Retirement Savings 

Plan; Bricklayers Holiday Trust Fund, Metropolitan Area; Trowel Trades Health and Welfare 

Fund; Detroit and Vicinity; Bricklayers International Masonry Institute; Detroit Metropolitan 

Masonry Joint Apprenticeship and Training Committee; Masonry Promotion Fund; and Labormanagement Cooperation Committee; are herein referred to as “Bricklayers Funds.” 

Plaintiffs Laborers Pension Trust Fund - Detroit and Vicinity; Laborers’ Vacation and Holiday 

Trust Fund - Detroit And Vicinity; Laborers Metropolitan Detroit Health and Welfare Fund; 

Laborers’ Annuity Fund - Detroit and Vicinity; and Michigan Laborers Training Fund, are herein 

referred to as “Laborers Funds.” 

 

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 WHEREFORE, the parties jointly and respectfully request that the Court enter the 

proposed order, attached. 

Respectfully submitted, 

SACHS WALDMAN PC CLARK HILL PLC 

By: s/ Amy Bachelder By: ________________________

 AMY BACHELDER (P26401) DANIEL J. BRETZ (P70035) 

 Attorneys for Plaintiffs Laborers Attorneys for Defendant Everlast 

 Funds Masonry, Inc 

 1000 Farmer Street 500 Woodward Avenue Suite 3500. 

 Detroit, MI 48226 Detroit, MI 48226 

 Telephone (313) 965-3464 Telephone (313) 965-8300 

 Email: abachelder@sachswaldman.com Email:dbretz@clarkhill.com 

 

 

PLUNKETT COONEY NOVARA TESIJA PLLC 

By: _______________________ By: s/ Brett Huebner w/ perm AB 

 STANLEY C. MOORE, III (P23358) BRETT HUEBNER (P61911) 

 Attorney for Defendant DRKK Attorneys for Plaintiffs Bricklayers 

 Development, LLC Funds 

 38595 Woodward Avenue Suite 2000 2000 Town Center Suite 2370 

 Bloomfield Hills, MI 48304 Southfield, MI 48075 

 (248) 901-4089 (248) 354-0380 

 Email:smoore@plunkettcooney.com Email: bhuebner@novaratesija.com 

 

Dated: February 1, 2011 

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TRUSTEES OF THE BRICKLAYERS’ PENSION 

TRUST FUND-METROPOLITAN AREA, et al, 

 Plaintiffs, Civil Case No. 09-11290 

v 

 Hon. Patrick J. Duggan 

EVERLAST MASONRY, INC. and DRKK 

DEVELOPMENT, LLC 

 Defendants. 

 / 

ORDER FOR ADMINISTRATIVE CLOSING 

DUE TO BANKRUPTCY STAY

This matter having come on to be heard upon the advice of counsel for Plaintiffs 

that Everlast Masonry, Inc. filed a Petition under Chapter 7 of the United States 

Bankruptcy Code on March 5, 2010, In re: Everlast Masonry, Inc., Case No. 10-46858, 

in the United States Bankruptcy Court for the Eastern District of Michigan, Southern 

Division (see Notice of Commencement of Chapter 7 Bankruptcy Case, filed herein as 

Docket No. 40), and that DRKK Development, Inc. filed a Petition under Chapter 7 of 

the United States Bankruptcy Code on March 30, 2010, In re: DRKK Development, Inc., 

Case No. 10-50248, in the United States Bankruptcy Court for the Eastern District of 

Michigan, Southern Division (see Notice of Commencement of Chapter 7 Bankruptcy 

Case, filed herein as Docket No. 41) and pursuant to U.S.C. §362 (a) these proceedings 

are automatically stayed. 

NOW, THEREFORE, 

IT IS HEREBY ORDERED that: 

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1. This case is closed for administrative purposes without prejudice. 

2. This closing does not constitute a dismissal or a decision on the merits. 

3. In the event the bankruptcy stay is lifted or otherwise modified as to these 

proceedings, this case may be reopened on motion of any party. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: February 3, 2011 

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

on February 3, 2011, by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

 

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