International Brotherhood of Teamsters Local Union No. 682 v. Thoele Asphalt Paving, Inc.

Filing 47

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for contempt is DENIED without prejudice to refiling as necessary. Doc. No. 37 . IT IS FURTHER ORDERED that the Court shall hold a Status Conference on Thursday, February 6, 2014 at 2:30 p.m. at which all counsel shall appear. Signed by District Judge Audrey G. Fleissig on 1/15/2014. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

INTERNATIONAL BROTHERHOOD
OF TEAMSTERS LOCAL UNION 682,

Plaintiff,
v.
THOELE ASPHALT PAVING, INC.,

Defendant.

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Case No. 4:11CV0907 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for contempt asserting that
Defendant has failed to comply with the mandate of the Eighth Circuit Court of Appeals
in this matter, issued on June, 26, 2013, affirming the judgment of this Court upholding
an arbitrator’s decision reinstating a member of the Plaintiff union and ordering an award
of back pay. In response to the motion for contempt, Defendant asserts that the parties
are in fact cooperating to resolve the outstanding issues in this matter, having reinstated
Plaintiff’s member and planned to meet on or about December 12, 2013, for further
discussions regarding payment of the back pay an award in accordance with the
arbitrator’s decision. Plaintiff did not file a reply brief contradicting theses
representations and the time to do so has expired. Therefore, the Court will deny the
motion for contempt without prejudice to refiling as necessary and hold a status
conference with the parties in this matter.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for contempt is DENIED
without prejudice to refiling as necessary. (Doc. No. 37.)
IT IS FURTHER ORDERED that the Court shall hold a Status Conference on
Thursday, February 6, 2014 at 2:30 p.m. at which all counsel shall appear.

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 15th day of January, 2014.

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