govinfo:USCOURTS-njd-1_16-cv-00711-2

1 
 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
EDWARD SILIPENA, et al.,   : Hon. Joseph H. Rodriguez 
 
  Plaintiffs,    : Civil Action No. 16-711 
 
v.      :  
 ORDER 
       :           
AMERICAN PULVERIZER CO., et al.,  
       : 
  Defendants.    
       : 
 
 This matter having come before the Court on motion of Plaintiffs for Default 
Judgment as to all Defendants for Fraud Upon the Court and Sanctions Pursuant to 
Rule 37 (c) [Dkt. No. 181]; and the Court having considered the written submissions of 
the parties, as well as the arguments advanced during the hearing in this matter on 
October 29, 2020; and for the reasons stated on the record, which include an agreement 
for Defendants’ to bear the cost of the additional discovery associated with re-deposing 
Christopher Antinora and Steven Merz and leave for the parties to amend expert reports 
as necessitated by the additional discovery;  
IT IS on this 30th day of October, 2020 hereby 
ORDERED that Plaintiffs’ motion for Default Judgment as to all Defendants for 
Fraud Upon the Court and Sanctions Pursuant to Rule 37 (c) [Dkt. No. 181] is denied 
without prejudice.  
       /s /Joseph H. Rodriguez    
       JOSEPH H. RODRIGUEZ, 
       United States District Judge 
Case 1:16-cv-00711-ESK-AMD     Document 279     Filed 10/30/20     Page 1 of 1 PageID:
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