Dalsin et al v. Marianne's Roofing Company, LLC

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting in part and denying in part 24 Plaintiffs' Motion for a Finding of Civil Contempt (Written Opinion). Signed by Chief Judge John R. Tunheim on 6/22/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
MARK CONROY and ROBERT DALSIN, as
Trustees of the Roofers Local No. 96 Health
and Welfare Fund; CHRIS CRONIN and
JAMES HADEL, as Trustees of the Roofers
and Waterproofers Research and Education
Joint Trust Fund; and ROBERT DALSIN and
KINSEY ROBINSON, as Trustees of the
National Roofing Industry Pension Fund,

Criminal No. 18-436 (JRT/SER)

ORDER

Plaintiffs,
v.
MARIANNE’S ROOFING COMPANY LLC,
a Wisconsin limited liability company,
separately and doing business as “W.J.
Woodruff Roofing Contractors,”

Thomas C. Atmore, LEONARD, O'BRIEN, SPENCER, GALE &
SAYRE, LTD, 100 South Fifth Street, Suite 2500, Minneapolis, MN
55402, for plaintiffs.
United States Magistrate Judge Steven E. Rau filed the Report and
Recommendation on June 4, 2018 [Docket No. 34]. No objections have been filed to that
Report and Recommendation in the time period permitted.
Based on the Report and Recommendation of the Magistrate Judge, and all of the
files, records and proceedings herein, the Court ADOPTS the Report and
Recommendation of the Magistrate Judge dated June 4, 2018 [Docket No. 34].
Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion for a Finding of Civil
Contempt [Docket No. 24] is GRANTED in part and DENIED in part:

1. United States Magistrate Judge Steven E. Rau shall issue a separate Order to
Show Cause to be personally served by Plaintiffs’ attorneys on each of the
Defendant and Marianne Krueger (“Krueger”) requesting that the Defendant and
Krueger explain why they should not each be held in contempt of court—
including the administration of both monetary sanctions and confinement as
appropriate to coerce compliance with the Court’s Order Dated March 29, 2018
[Docket No. 29];
2. Counsel for Plaintiffs must submit a request for attorneys’ fees and costs to the
Court for its review with fourteen (14) days of this order, addressing the costs
incurred by enforcing the Court’s Order Dated March 29, 2018, and in bringing
their Motion for a Finding of Civil Contempt; and
3. The motion is DENIED without prejudice in all other respects.

Dated: June 22, 2018
at Minneapolis, Minnesota.

s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court

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