Painters District Council No. 2 et al v. Paragon Painting Company, LLC et al

Filing 150

AMENDED MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Paragon of Missouri and its Principal, Richard Ladenberger, are in CONTEMPT. As sanctioned, both Paragon of Missouri and Mr. Ladenberger will be jointly liable for a fine not to excee d $200.00 per day for every day after this date by which Plaintiffs have not received answers to their discovery requests. Plaintiffs attorney will contact the Court if and when the responses of Paragon of Missouri are received. IT IS HEREBY FUR THER ORDERED that the Plaintiffs request for an award of attorneys fees and costs for having to bring these motions is GRANTED. Defendant Paragon of Missouri and its Principal, Richard Ladenberger, are held jointly liable for Plaintiffs attorneys fee s and costs to Plaintiffs for having to bring its motions to compel and for contempt in the amounts of: $ 1,204.20 for attorneys fees; and$ 895.45 in costs, including services fees charged by the United States Marshal Service. IT IS HEREBY FURTHER ORDERED that the Plaintiffs request for a Writ of Body Attachment against Mr. Ladenberger is GRANTED. Mr. Ladenberger has previously been found at 3945 Highway UU, Union Missouri 63084. The Marshals are directed to bring Mr. Ladenberger before this Court without undue delay with costs assessed jointly against Mr. Ladenberger and Paragon of Missouri. (3 CERTIFIED COPIES GIVEN TO THE US MARSHAL SERVICE THIS DAY) Signed by Honorable E. Richard Webber on 9/1/11. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

Painters District Council No. 2, et al.,
Plaintiff,
v.
Paragon Painting of Missouri, LLC,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:08CV01501 ERW

AMENDED MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiffs’ Motion to Compel Post-Judgment
Discovery [Doc. #122], requesting that the Court compel Defendant Paragon Painting Company,
of Missouri, LLC (hereinafter “Paragon of Missouri”) to produce or otherwise respond to
Plaintiffs’ Requests for Production, served on the Defendant through its attorney on or about
December 28, 2010. Plaintiffs additionally requested that this Court assess sanctions against
Defendant for failing to cooperate in discovery and award Plaintiffs’ attorneys’ fees and costs
incurred in compelling discovery, and as well as a Writ of Body Attachment and sanctions upon
Richard Ladenberger to produce answers to Plaintiffs’ discovery. [Docs. #133, 135]. Despite
proper notice of Plaintiffs’ motions and this Court’s Order [Doc. #145] the Defendant continues
to ignore the Court.
Courts have awarded sanctions for contempt in previous ERISA collection cases where
the Defendant and/or its representative failed to participate in post-judgment discovery. See, e.g.,
Carpenters’ District Council of Greater St. Louis and Vicinity, et al. v. DLR Properties, Inc., et
al., No. 4:07CV00061 CAS. Appropriate sanctions include monetary fines and imprisonment. See,
e.g., Fischer v. Marubeni Cotton Corp., 526 F.2d 1338, 1340 (8th Cir. 1975) (fines).

1

In the present case, the Defendant and its principal, Richard Ladenberger, have shown its
contempt for this Court and an award of sanctions against Mr. Ladenberger for the Plaintiffs, as
well as a writ of body attachment, is appropriate. Not least among the evidence of Mr.
Ladenberger’s contempt is the fact he was found and served with the Court’s prior Order at the
same address the Court’s prior mailings had been returned non-deliverable. See, Docs. #130,
#145.
Accordingly,
IT IS HEREBY ORDERED that Defendant Paragon of Missouri and its Principal,
Richard Ladenberger, are in CONTEMPT. As sanctioned, both Paragon of Missouri and Mr.
Ladenberger will be jointly liable for a fine not to exceed $200.00 per day for every day after this
date by which Plaintiffs have not received answers to their discovery requests. Plaintiffs’ attorney
will contact the Court if and when the responses of Paragon of Missouri are received.
IT IS HEREBY FURTHER ORDERED that the Plaintiffs’ request for an award of
attorneys fees and costs for having to bring these motions is GRANTED. Defendant Paragon of
Missouri and its Principal, Richard Ladenberger, are held jointly liable for Plaintiffs’ attorneys fees
and costs to Plaintiffs for having to bring its motions to compel and for contempt in the amounts
of:
$ 1,204.20 for attorneys fees; and
$ 895.45 in costs, including services fees charged by the United States Marshal Service.

2

IT IS HEREBY FURTHER ORDERED that the Plaintiffs’ request for a Writ of Body
Attachment against Mr. Ladenberger is GRANTED. Mr. Ladenberger has previously been found
at 3945 Highway UU, Union Missouri 63084. The Marshals are directed to bring Mr.
Ladenberger before this Court without undue delay with costs assessed jointly against Mr.
Ladenberger and Paragon of Missouri.
So Ordered this 1st day of September, 2011.

_______________________________________
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

3