Eighth District Electrical Pension Fund, The et al v. Electrical Forces LLC

Filing 48

ORDER. The recommendation of the Magistrate Judge issued and served on 3/28/2011 47 is accepted. Defendant Electrical Forces, LLC, and Thomas James Gaccetta, as owner of Defendant, are found in civil contempt of (a) failing to comply with the Cour ts January 26, 2010 Order to answer Plaintiffs Interrogatories to Judgment Debtor and Request for Production of Documents Pursuant to Fed. R. Civ. P. 69 (Doc 41-1) and (b) failing to comply with the Courts July 1, 2010 Order to Show Cause. A bench warrant shall issue for the United States Marshal to arrest Thomas James Gaccetta. Mr. Gaccettas last known address of record with the court is 9180 West 74th Avenue, Arvada, Colorado 80005. By Judge Lewis T. Babcock on 4/13/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE

Civil Case No. 07-cv-01465-LTB-CBS
THE EIGHTH DISTRICT ELECTRICAL PENSION FUND,
THE EIGHTH DISTRICT ELECTRICAL PENSION FUND ANNUITY PLAN,
TRUSTEES OF EIGHTH DISTRICT ELECTRICAL PENSION FUND & ANNUITY PLAN,
THE EIGHTH DISTRICT ELECTRICAL BENEFIT TRUST FUND,
TRUSTEES OF EIGHTH DISTRICT ELECTRICAL BENEFIT TRUST FUND,
DENVER JOINT ELECTRICAL APPRENTICESHIP AND TRAINING COMMITTEE, and
TRUSTEES OF DENVER JOINT ELECTRICAL APPRENTICESHIP AND TRAINING
COMMITTEE,
Plaintiff/Judgment Creditors,
v.
ELECTRICAL FORCES LLC,
Defendant/Judgment Debtor, and
THOMAS JAMES GACCETTA, owner of Electrical Forces,
Interested Party.
________________________________________________________________________
ORDER
________________________________________________________________________

This case is before me on the recommendation of the Magistrate Judge issued and
served on March 28, 2011 (Doc 47). Defendant Electrical Forces LLC, and Thomas James
Gaccetta, as owner of Defendant, have failed to file specific written objections to the
Magistrate Judge’s recommendation and are therefore barred from de novo review.
Accordingly, it is
ORDERED that the recommendation is accepted as follows:

1.

Defendant Electrical Forces, LLC, and Thomas James Gaccetta, as owner

of Defendant, are found in civil contempt of (a) failing to comply with the Court’s January
26, 2010 Order to answer Plaintiffs’ Interrogatories to Judgment Debtor and Request for
Production of Documents Pursuant to Fed. R. Civ. P. 69 (Doc 41-1) and (b) failing to
comply with the Court’s July 1, 2010 Order to Show Cause.
2.

A bench warrant shall issue for the United States Marshal to arrest Thomas

James Gaccetta. Mr. Gaccetta’s last known address of record with the court is 9180 West
74th Avenue, Arvada, Colorado 80005.
3.

Thomas James Gaccetta shall be arrested and coercively incarcerated until

he and Defendant purge themselves of contempt by complying with the Court’s January
26, 2010 Order and the Court’s July 1, 2010 Order to Show Cause and answering the
interrogatories.
4.

Upon the arrest and coercive incarceration of Mr. Gaccetta, the court shall

hold a prompt hearing to address his and Defendant’s contempt.
5.

The Plaintiffs shall notify the District Court immediately if and when they or

their counsel receive any response by Defendant or Mr. Gaccetta to the interrogatories,
whether or not Plaintiffs find such response satisfactory. Upon such notice of response,
the Court shall suspend any bench warrant issued for Mr. Gaccetta’s arrest. If there are
any issues regarding the completeness or accuracy of such response, Plaintiffs may move
the Court for further action as appropriate.
6.

Plaintiffs may recover their reasonable attorneys’ fees and costs associated

with Plaintiffs’ Motion to Compel Defendant to Answer Interrogatories and for Hearing to
Show Cause Why Defendant Should Not Be Held in Contempt (Doc 27) and Verified
2

Motion for Order to Show Cause (Doc 41) and the Court’s January 26, 2010 Motions
Hearing and August 23, 2010 Show Cause Hearing. Plaintiffs should submit a bill of costs
supplying specific amounts and details sufficient to demonstrate the reasonableness of
their attorneys’ fees and costs.
BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge
DATED:

April 13, 2011

3