*1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PIPEFITTERS LOCAL NO. 636

PENSION FUND, et al.,

Plaintiffs,

Case No. 05-CV-74326 vs.

HON. GEORGE CARAM STEEH MERCER HUMAN RESOURCE

CONSULTING, INC. and

TOWERS, PERRIN, FORSTER

& CROSBY, INC.,

Defendants.

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ORDER DENYING PLAINTIFFS’ OBJECTIONS TO MAGISTRATE’S ORDER ALLOWING DEFENDANT TO FILE LATE NOTICE OF NONPARTY AT FAULT [DOC. 54] This case comes before the Court on plaintiffs’ objections to the order granting defendant’s motion for leave to file notice of non-party fault entered by Magistrate Morgan on June 11, 2007. MCR 2.112(K)(3)(c) provides that late filing of a notice of nonparty fault is permitted on motion “on a showing that the facts on which the notice is based were not and could not with reasonable diligence have been known to the moving party earlier, provided that the late filing of the notice does not result in unfair prejudice to the opposing party.”

Prior to discovery taking place, defendant might have known the identity of the investment advisor it named in the notice, but could not have known with reasonable diligence that the losses attributed to Towers Perrin’s negligence were investment- related losses. The late-filed notice does not prejudice plaintiffs where discovery is on- *2 going and the non-party has been and continues to be associated with the Fund as its investment advisor.

The Magistrate Judge’s order permitting the late filing of a notice of non-party fault is not clearly erroneous or contrary to law. 28 U.S.C. § 636(b)(1). Plaintiffs’ objections are DENIED.

It is so ordered.

Dated: July 19, 2007

S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on

July 19, 2007, by electronic and/or ordinary mail. s/Josephine Chaffee Deputy Clerk