Construction Laborers Trust, et al. v. Pro Railing Metal Works Inc, et al

Filing 29

ORDER TO SHOW CAUSE RE CONTEMPT by Judge David O. Carter 28 . Show Cause Hearing set for 9/26/2016 08:30 AM before Judge David O. Carter. (mt)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN CALIFORNIA

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CONSTRUCTION LABORERS TRUST
FUNDS FOR SOUTHERN
12 CALIFORNIA ADMINISTRATIVE
COMPANY, a Delaware limited liability
13 company,
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XXXXXXXXX
[PROPOSED] ORDER TO SHOW
CAUSE RE CONTEMPT [28]

Plaintiff,

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CASE NO.: CV16-00244 DOC (KESx)

v.
PRO RAILING METAL WORKS, INC.,
a California corporation; etc et al.,
Defendants.

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Upon review of the application of the Plaintiff (“TRUST FUNDS”) seeking an

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order requiring Defendant, PRO RAILING METAL WORKS, INC., a California

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corporation (“EMPLOYER”) and its Chief Financial Officer and Secretary, Dan

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Miller (“MILLER”), to show cause when they should not be adjudged in civil

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contempt for failing and refusing to obey this Court’s Interlocutory Order for

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Accounting entered on May 15, 2016 [docket no. 23,] which requires them to produce

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books and records to the TRUST FUNDS for an audit, and to cooperate in all respects

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therewith for the TRUST FUNDS to determine whether EMPLOYER has compiled

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with the reporting and payment obligations of its labor agreements and/or to determine

307246.1

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the full amount of contributions due by the EMPLOYER to the TRUST FUNDS and

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any damages to the TRUST FUNDS for failure to pay any such contributions:

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IT IS HEREBY ORDERED that:

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1.

EMPLOYER and MILLER are ordered to appear before the above-

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September 26
entitled Court on, _______________, 2016, at ___ a.m., in Courtroom 9D of the
8:30

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United States District Courthouse, located at 411 West Fourth Street, Santa Ana,

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California and show cause, if any, why an order should not be entered adjudging them

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guilty of failing and refusing to obey this Court’s Interlocutory Order for Accounting.

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2.

Service of a copy of this order and of the application upon which this

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order is based shall be made by mail to EMPLOYER and MILLER at least ten (10)

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days prior to the hearing.

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3.

If EMPLOYER and MILLER choose to file papers in opposition to the

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TRUST FUNDS’ Order to Show Cause Re Contempt, they must do so no later than

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five (5) days before the hearing.

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307246.1

DATED: September 6, 2016
DAVID O. CARTER,
UNITED STATES DISTRICT JUDGE