BARTON et al v. MEYER

Filing 18

ORDER following Show Cause Hearing. The Plaintiffs appeared at the hearing by counsel, Geoffrey S. Lohman. The Defendant failed to appear. The Court FINDS the Defendant in contempt as a result of its failure to attend the hearing. The Court further ORDERS that the Defendant shall within ten (10) days of the date of this order produce to counsel for the plaintiffs records for inspection and copying. (S.O.) cm. Signed by Judge Sarah Evans Barker on 11/6/08.(MAC)

Download PDF
UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF INDIANA IN D IA N A P O L IS DIVISION D A N N Y BARTON, TRUSTEE, et. al. P la in tif f s , v. D A P H N E S. MEYER, d/b/a D A P H N E 'S BULLDOG EXPRESS, D e f e n d a n t. ) ) ) ) ) CAUSE NO: 1:08-cv-492-SEB-TAB ) ) ) ) ) ORDER T h is cause was set for a hearing on November 5, 2008 at 4:00 p.m. on the P la in tif f s ' Motion for Order to Show Cause. The Plaintiffs' Motion for Order to Show C a u s e was filed as a result the Defendant's failure to produce certain books and records s o that the Plaintiffs may liquidate their judgment against the Defendant and conduct an a u d it to determine whether the Defendant is complying with its contractual obligation to m a k e contributions on behalf of certain employees to the Plaintiff Indiana Teamsters H e a lth Benefits Fund, all as required by this Court's order of September 22, 2008. On O c to b e r 31, 2008, this Court ordered the Defendant to appear on November 5, 2008 at 4 :0 0 p.m. and show cause as to why the Defendant should not be held in contempt for f a ilin g to comply with the Court's order of September 22, 2008. The Plaintiffs appeared at the hearing by counsel, Geoffrey S. Lohman. The D e f e n d a n t failed to appear. The Court FINDS the Defendant in contempt as a result of its 1 failure to attend the hearing on November 5, 2008. The Court further ORDERS that the D e f e n d a n t shall within ten (10) days of the date of this order produce to counsel for the P la in tif f s , Geoffrey S. Lohman, at his law offices, Fillenwarth Dennerline Groth & Towe, L L P , 429 E. Vermont Street, Suite 200, Indianapolis, IN 46202, the following records for in s p e c tio n and copying: (a ) A n y master list of all employees, regardless of craft or occupation, showing c ra f t or occupation. (b ) All payroll records maintained by the Defendant which pertain to said e m p lo ye e s from January 2004 to the present. Such records shall include p a yro ll ledgers, bank account ledgers, time cards or sheets, ledgers or books a s kept by foremen which would show hours worked by said employees, c h e c k stubs, payroll records, etc.; (c ) Copies of the Form W-2's which were filed with the Internal Revenue S e rv ic e for any said employee for tax years 2004 to the present. (d ) Copies of federal form 941 which were filed with the Internal Revenue S e rv ic e from January 2004 to the present; (e) Copies of any reporting forms which were filed with the Indiana D e p a rtm e n t of Employment and Training from January 2004 to the present; (f ) A n y 1099's with 1096 for persons Company considers or treats as in d e p e n d e n t contractors or subcontractors from January 2004 to the present; 2 (g) A n y subcontractor or independent contractor listings showing names, dates, a n d /o r amounts paid to subcontractors. (h ) Copies of the corporate income tax returns of the Defendant for January 2 0 0 4 to the present; and (i) Any other business records of the Defendant which are reasonably c a lc u la te d to show the work history of the aforesaid employees. (j) C o n trib u tio n reports for all jurisdictions, including all contribution reports s u b m itte d to any other fund from January 2004 to the present. T h e Plaintiff is ORDERED to serve this order on the Defendant by registered or c e rtif ie d mail. In the event the Defendant fails to comply with this order by producing the a f o re sa id records within ten (10) days, the Plaintiff shall notify the Court of this failure a lo n g with their efforts made to confirm that the address of the Defendant remains valid, a t which time the Court will further consider the Plaintiff's request that the United States M a rs h a ll be directed to appear at the Defendant's place of business for the purpose of c o lle c tin g the records or for the purpose of taking the Defendant, Daphne Meyer, into c u s to d y to explain her contempt in failing to produce the aforesaid records. 3 It is so ordered. 11/06/2008 D a te d : _____________ ____________________________________ _______________________________ J u d g e , United States District Court SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Copies to: G e o f f re y S. Lohman g lo h m a n @ f d g tla b o r la w .c o m D a p h n e Meyer d /b /a Daphne's Bulldog Express 1 7 8 2 E. McCoysburg Road R e n s se la e r, IN 47978 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?