Mackey et al v. Jutila

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendation(Written Opinion). Plaintiffs' Motion for an Order to Show Cause, 29 , is GRANTED. Defendant Andrew Jutila is found in contempt of court. Defendant is directed to pa y the Clerk of Court five-thousand-dollars ($5,000.00) as a sanction for his willful failure to comply with this Court's Order to Compel 27 . The fine described in Paragraph 2.a, supra, may be expunged by further Order of this Court only upon a showing that Defendant has fully complied with this Court's Order to Compel, 27 , by no later than seven (7) days after the date of this Order. Signed by Chief Judge Michael J. Davis on 2/10/14. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
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Tim. Mackey, et al.,
as Trustee of the Minnesota Laborers Health and Welfare Fund

Plaintiffs,
ORDER ADOPTING
REPORT AND RECOMMENDATION

v.
Andrew Jutila,
d/b/a AJ’s Companies,
d/b/a Andrew Jutila Companies,

Defendant.

Civ. No. 13-432 (MJD/LIB)

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Based upon the Report and Recommendation of United States Magistrate Judge Leo I.
Brisbois [Docket No. 40], and after an independent review of the files, records and proceedings in
the above-titled matter, IT IS ORDERED:
1.

That Plaintiffs’ Motion for an Order to Show Cause, [Docket No. 29], is GRANTED.

2.

That Defendant Andrew Jutila is found in contempt of court.

3.

That Defendant is directed to pay the Clerk of Court five-thousand-dollars

($5,000.00) as a sanction for his willful failure to comply with this Court’s Order to Compel,
[Docket No. 27].

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4.

That the fine described in Paragraph 2.a, supra, may be expunged by further Order

of this Court only upon a showing that Defendant has fully complied with this Court’s Order to
Compel, [Docket No. 27], by no later than seven (7) days after the date of this Order.

DATED: February 10, 2014
At Minneapolis, Minnesota

s/Michael J. Davis
Michael J. Davis, Chief Judge
United States District Court

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