Moore et al v. ACS Acclaim Construction Services, Inc. et al

Filing 26

ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED: The Deft ACS Construction Services, Inc. or Mr. Thomas M. Wallick as Defts representative, are hereby ordered to appear before this Court on May 11, 2011 @ 9:45 am to show cause why a contempt of court order should not be entered adjudging the business through its owner and representative in civil contempt of this Court's February 10, 2011 Order.(Written Opinion) Signed by Senior Judge Paul A. Magnuson on April 28, 2011. (smr)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil File No. 10-3566 (PAM/AJB)
James E. Moore and Tim McGough, as
Trustees of the Carpenters & Joiners Welfare
Fund, Twin City Carpenters Pension Master
Trust Fund, and Twin City Carpenters Vacation
Fund; James E. Moore as Trustee of the
Carpenters and Joiners Apprenticeship and
Journeymen Training Trust Fund, and each of
their successors,
Plaintiffs,
vs.

ORDER TO SHOW CAUSE

ACS Acclaim Construction Services, Inc.,
Defendant.

The above matter came before this Court upon Plaintiffs’ Motion for Default
Judgment on February 10, 2011. On February 10, 2011, this Court issued an Order
requiring Defendant to produce within ten (10) days of the date of the Order the
necessary documents to Plaintiffs to audit for the time period of January 2009 through
the present. Defendants have failed to comply with the Order dated February 10, 2011
and therefore are in contempt of Court.
IT IS HEREBY ORDERED:
Defendant ACS Acclaim Construction Services, Inc., or Mr. Thomas M. Wallick,
as Defendant’s representative, are hereby ordered to appear before this Court on
Wednesday, May 11, 2011 at 9:45 a.m. at United States District Court, 734 Federal
Building, 316 North Robert Street, St. Paul, MN 55110 to show cause, if any, why a
contempt of court order should not be entered adjudging the business through its owner
and representative in civil contempt of this Court for refusing to obey the Court’s

February 10, 2011. Defendant ACS Acclaim Construction Services, Inc. shall show
cause as to why Defendant’s representative, Thomas Michael Wallick, should not be
committed to confinement until compliance with the Court’s February 10, 2011 Order.
Failure to appear or respond will result in the issuance of a Bench Warrant.

BY THE COURT

Date: April 28, 2011

s/Paul A. Magnuson
Judge Paul A. Magnuson
United States District Court

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