George et al v. USAFRIK, Inc. et al

Filing 61

ORDER granting 51 Motion to Compel (Written Opinion) Signed by Magistrate Judge John F. Docherty on 9/24/2024. (DRD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Jason George and Timothy Gillen, as
Trustees of the Operating Engineers Local
#49 Health and Welfare Fund and their
successor(s); Jason George and Michael
McNamara and their successors as
Trustees of the Operating Engineers Local
#49 Defined Contribution Plan; Joseph
Shelton, and his successor(s) as a Fiduciary
of the Central Pension Fund of the
International
Union
of
Operating
Engineers and Participating Employers;
and Jason George and Jeffrey Carlson, and
their successor(s) as Trustees of the Local
#49 I.U.O.E. and Associated General
Contractors of Minnesota Apprenticeship
and Training Program,

Case No. 23-CV-00753 (KMM/JFD)

ORDER TO
COMPEL DISCOVERY

Plaintiffs,
v.
USAFrik, Inc. and
Richard Anthony Mongo,
Defendants.

The above matter came before the Court upon Plaintiffs’ Motion to Compel
Defendants to appear for and comply with Post-Judgment Discovery including appearing
for reasonably noticed Depositions of USAFrik, Inc. and Richard Anthony Mongo.
Plaintiffs were awarded default judgment in this case on November 30, 2023, (Order, Nov.
30, 2023) after Defendants failed to engage in litigation. Defendants’ refusal to participate

continued through the default judgment hearing, and the Court has received no response
from Defendants to Plaintiffs’ present motion to Compel Post-Judgment Discovery, even
after continuing notification by the Court and service by Plaintiffs.
As such, the Court sees no need for a hearing on Plaintiffs’ motion. Pursuant to that
Motion, the Court now makes the following Order:
IT IS HEREBY ORDERED:
1.

The hearing scheduled for September 26, 2024 on Plaintiffs’ Motion to

Compel Discovery is CANCELED.
2.

Plaintiffs’ Motion to Compel Discovery is GRANTED

3.

Defendant USAFrik, Inc., pursuant to Rule 30(b)(6), will produce a

representative for a deposition on November 15, 2024, at 10:00 a.m. in person at the offices
of Reinhart Boerner Van Deuren s.c. at 80 South 8th Street, Suite 900, Minneapolis,
Minnesota to be deposed by oral examination before a court reporter, or some other officer
authorized by law to administer oaths. Designated topics of a Rule 30(b)(6) depositions
will include:
a. Business operations of Judgment Debtor between January 1, 2022, and the
present;
b. Assets and liabilities of Judgment Debtor between January 1, 2022, and the
present;
c. The identities of any individual, company, entity or trust which owns an
interest in Judgment Debtor, or has owned an interest in Judgment Debtor
for the last three (3) years;

d. Any and all transfer of assets or payment(s) made by Judgment Debtor to any
owner, or any individual, company, entity or trust which owns an interest in
Judgment Debtor, between January 1, 2023, and the present;
e. Any and all business transactions Judgment Debtor entered into after it
became aware of the liability owed to Judgment Creditor for failure to remit
contribution payments;
f. The income of Judgment Debtor during the last three (3) years, including
source, method of payment, identity of payee, and source of the obligation to
Judgment Debtor;
g. All projects to which Judgment Debtor provided services in the last three
years;
h. Accounts receivables owed to Judgment Debtor;
i. The judgment entered on June 27, 2024;
j. The allegations set forth in the Complaint regarding Judgment Debtor's
delinquency for unpaid fringe benefit contributions;
k. Any negotiations or plans to sell or transfer the assets of Judgment Debtor to
a third-party or signatory contractor;
l. Payments by Judgment Debtors to creditors in the last year;
m. Identity of and debt owed to any secured creditors or security interests owed
by Judgment Debtor;
n. Business records which relate to any ownership interest in Judgment Debtor;

o. Business records maintained by Judgment Debtor identifying assets,
liabilities, income, profits and expenses;
p. Financial records maintained by Judgment Debtor, including bank accounts,
insurance records, schedules of assets and depreciation, tax returns, ledgers,
and profit and loss statements;
q. Judgments, liens or any debts owed by Judgment Debtor;
r. Documents relating to any equipment or trust(s) owned by Judgment Debtor,
or any owner of Judgment Debtor, or any assets contained therein;
s. Information and records relating to any real property owned by Judgment
Debtor;
t. Names and addresses of any persons or entities that have possession of
Judgment Debtor's books, financial records, bank accounts, or tax returns;
u. Names and addresses of individuals who performed bookkeeping services
for Judgment Debtor within the last three (3) years;
v. Names and addresses of any individual or company to whom Judgment
Debtor provided financial statements in the past three (3) years;
w. Cash available to Judgment Creditor or accounts which have cash on hand in
Judgment Debtor's name;
x. Corporate structure of Judgment Debtor;
y. Employees paid and projects worked on by Judgment Debtor in the past 12
months; and

z. Information relating to any accounts payable, accounts receivable, or debt
owed by Judgment Creditor.
4. Richard Anthony Mongo will appear for a deposition on November 15, 2024, at
11:00 a.m. in person at the offices of Reinhart Boerner Van Deuren s.c. at 80
South 8th Street, Suite 900, Minneapolis, Minnesota to be deposed by oral
examination before a court reporter, or some other officer authorized by law to
administer oaths.

Date: September 24, 2024

s/ John F. Docherty
JOHN F. DOCHERTY
United States Magistrate Judge