Lineback v. Cherry Creek Electric, Inc.

Filing 15

ORDER entered by Chief Judge James E. Shadid on 04/26/2016. Accordingly, the Court now adopts the Report & Recommendation 44 of the Magistrate Judge in its entirety. Plaintiff's Motion for Adjudication and Order in Civil Contempt and for Other Civil Relief 11 is GRANTED. Cherry Creek Electric, Inc. and Robert Jenkins are Ordered to appear before this Court in Courtroom A of the United States Federal Courthouse in Peoria, Illinois, on May 25, 2016 at 11:00 a.m. to show cause why an order of civil contempt should not be entered against Defendant. See full written Order.(JS, ilcd)

E-FILED

Tuesday, 26 April, 2016 11:40:56 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

RIK LINEBACK, Regional Director of Region )
25, for and on behalf of National Labor
)
Relations Board,
)
)
Plaintiff,
)
)
v.
)
)
CHERRY CREEK ELECTRIC, INC.,
)
)
Defendant.
)

Case No. 15-mc-1001

ORDER
On March 23, 2016, a Report & Recommendation was filed by Magistrate Judge Jonathan
E. Hawley in the above captioned case. More than fourteen (14) days have elapsed since the filing
of the Report & Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); and Video Views, Inc. v.
Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties failed to present timely objections,
any such objections have been waived. Id.
The relevant procedural history is sufficiently set forth in the comprehensive Report &
Recommendation of the Magistrate Judge. Suffice it to say that Plaintiff has brought this litigation
alleging that Defendant has failed to comply with document requests in an ongoing investigation into
alleged unfair labor practices, an Order Requiring Compliance with Subpoena Duces Tecum, and
an Order granting Plaintiff’s Petition for Attorneys Fees and Expenses in connection with bringing

this enforcement action despite multiple opportunities to do so. Even after receiving the Report &
Recommendation, Defendant has made no effort to respond.
Accordingly, the Court now adopts the Report & Recommendation [44] of the Magistrate
Judge in its entirety. Plaintiff’s Motion for Adjudication and Order in Civil Contempt and for Other
Civil Relief [11] is GRANTED. Cherry Creek Electric, Inc. and Robert Jenkins are Ordered to
appear before this Court in Courtroom A of the United States Federal Courthouse in Peoria, Illinois,
on May 25, 2016 at 11:00 a.m. to show cause why an order of civil contempt should not be entered
against Defendant. Defendant may satisfy the show cause order by: (1) contacting Board Agent
Tiffany Miller of Sub-Region 33 at [phone] within five (5) days of the date of this Order and
scheduling a date and time no later than 10 days thereafter to appear at the NLRB’s Peoria, Illinois
offices; (2) appearing at the scheduled date and time and producing the documents requested in
Subpoena Duces Tecum Nos. B-1-K4T4RH, B-1-K4QZ15, and B-1-K4SJ7X; and (3) complying
with the August 6, 2015, Order to reimburse the NLRB $900.00 in fees and expenses incurred in
connection with bringing this enforcement proceeding. Failure to satisfy the rule or appear in
response to this Order will result in a finding of Civil Contempt and, at a minimum, an additional
sanction requiring Defendant and Robert Jenkins to each pay $500.00 per day for each day they fail
to comply with the Order.
ENTERED this 26th day of April, 2016.

s/ James E. Shadid
James E. Shadid
Chief United States District Judge

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