National Labor Relations Board v. M&B Services, Inc. et al

Filing 4

FINDINGS AND RECOMMENDATION - For the reasons herein, it is recommended that the Default Contempt Adjudication that was proposed to the Fifth Circuit by the NLRB on July 17, 2017 be entered. Signed by Magistrate Judge Michael North. (Attachments: # 1 Copy of Correspondence)(NEF: Allison Lopez)(bwn)

NATIONAL LABOR
RELATIONS BOARD
VERSUS

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MISCELLANEOUS ACTION

M&B SERVICES, INC.; ET AL

NUMBER: 17-7347
SECTION: MBN

FINDINGS AND RECOMMENDATION

Pursuant to the provisions of Federal Rule of Appellate Procedure 48, the

undersigned makes the following Findings and Recommendation regarding the disposition
of the National Labor Relations Board’s (“NLRB”) Motion for Entry of Default Contempt

Adjudication in proceeding No. 15-60783 on the docket of the United States Court of Appeals
for the Fifth Circuit.

On January 6, 2016, the Fifth Circuit entered Judgment enforcing a previous order of

the NLRB that directed the Respondents herein, Carolyn and Milton Berry (the “Berrys”), to
make whole, in the amount of $223,781.00 plus interest, specified employees whom the

Berrys had subjected to unfair labor practices. After the Berrys failed to comply with that

Judgment, the NLRB petitioned the Fifth Circuit to adjudge the Berrys in civil contempt. That

resulted in the issuance of an Order to Show Cause by the Fifth Circuit on May 25, 2017,

directing the Berrys to answer the Petition within 30 days. After that Order was not
complied with, the NLRB then moved for the entry of a default contempt adjudication against
the Respondents, submitting in conjunction therewith a proposed order that, inter alia,

adjudged the Berrys in civil contempt which could be purged by immediately paying the
amount remaining due on the Judgment, $223,243.55 plus interest, “… or by monthly
installment payments of not less than $500 until that full amount is satisfied.” It was that

Motion that was referred to the undersigned to act as a Special Master pursuant to Rule 48,
F.R.A.P. (Rec. doc. 1).

By correspondence dated August 22, 2017, a copy of which is attached hereto, counsel

for the Respondents has advised the Court that the Respondents will not contest the NLRB’s

Motion for Entry of Default Contempt Adjudication and will consent to the entry of the

proposed Default Contempt Adjudication that was proposed to the Fifth Circuit in connection

with the NLRB’s Motion. That being the case, it will be recommended that the Default
Contempt Adjudication that was proposed by the NLRB to the Fifth Circuit be granted.
RECOMMENDATION

For the foregoing reasons, it is recommended that the Default Contempt Adjudication

that was proposed to the Fifth Circuit by the NLRB on July 17, 2017 be entered.
New Orleans, Louisiana, this 22nd day of

CLERK TO NOTIFY:
Allison Lopez/CA05/05/USCOURTS

August

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

2

, 2017.