Bricklayers Pension Trust Fund - Metropolitan Area et al v. B & B Quality Construction Services, LLC et al

Filing 30

ORDER granting 29 plaintiffs' Motion to Show Cause Hearing set for 2/12/2019 11:30 AM before District Judge George Caram Steeh in courtroom #251 (J. Berg) Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TRUSTEES OF THE BRICKLAYERS
PENSION TRUST FUND – METROPOLITAN
AREA, et al.,
Plaintiffs,
Case No. 18-10189
v.
HON. GEORGE CARAM STEEH
B & B QUALITY CONSTRUCTION
SERVICES, LLC, a Michigan limited
liability company, MANSA BEY, an
individual, and DARRELL BYRD, an
individual, jointly and severally,
Defendants.
__________________________________/
ORDER GRANTING PLAINTIFFS’ MOTION TO SHOW CAUSE
(DOC. 29) AND ORDERING MANSA BEY AND DARRELL BYRD TO
APPEAR BEFORE THE COURT TO SHOW CAUSE WHY
THEY SHOULD NOT BE HELD IN CIVIL CONTEMPT
Plaintiffs seek an order to show cause why Defendants should not be
held in contempt of court for failing to appear for a creditor’s examination
and for failing to produce subpoenaed documents. A default judgment was
entered in this matter on September 6, 2018. Plaintiffs issued subpoenas
to Defendants Mansa Bey and Darrell Byrd to appear for post-judgment
depositions on September 27, 2018, and to produce documents.
Defendants neither attended the scheduled depositions nor produced the
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requested documents. Defendants have also not responded to Plaintiffs’
motion for an order to show cause.
Pursuant to Federal Rule of Civil Procedure 45(g), the court “may
hold in contempt a person who, having been served, fails without adequate
excuse to obey the subpoena or an order related to it.” In accordance with
this rule, Defendants shall appear before the court to explain their failure to
comply with the subpoenas and show cause why they should not be held in
civil contempt.
Therefore, IT IS HEREBY ORDERED that Plaintiffs’ motion for an
order to show cause (Doc. 29) is GRANTED.
IT IS FURTHER ORDERED that Mansa Bey and Darrell Byrd SHALL
APPEAR before the court on February 12, 2019, at 11:30 a.m. to SHOW
CAUSE why they should not be held in civil contempt.
Dated: January 22, 2019

s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 22, 2019, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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