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

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to compel # 12 is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiffs' must send a copy of my order dated September 30, 2013 and a copy of the present order t o Defendants and shall make several attempts to contact Defendants to resolve this dispute. IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of my September 30, 2013 order and a copy of the present order to Defendants at 3512 Sullivan Avenue, St. Louis, Missouri 63107. Signed by District Judge Rodney W. Sippel on 10/29/13. (cc: Copy of Order mailed to Defendants as directed.)(ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PAINTERS DISTRICT COUNCIL
NO. 2, et al.,
Plaintiffs,
vs.
KLA PAINTING, LLC, et al.,
Defendants.

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Case No. 4:13 CV 968 RWS

MEMORANDUM AND ORDER
On September 30, 2013, I issued a partial default judgment against Defendants and
ordered Defendants to produce documents to Plaintiffs’ counsel no later than October 18, 2013.
Plaintiffs have filed a motion for contempt asserting that Defendants have failed to comply with
that order.
In their brief in support Plaintiffs only indicate that they “attempted contact” with
Defendants in an effort to obtain the relevant documents. It is unclear from the record whether
Defendants ever received a copy of my order dated September 30, 2013. It is also unclear from
the record what attempts Plaintiffs made to reach Defendants to resolve this document dispute
before filing a motion for contempt with the Court.
As a result, I will deny the motion for contempt without prejudice. I will order the Clerk
of Court to send a copy of my order of September 30, 2013 and a copy of this order to
Defendants at the address listed in the return of service. I will also require Plaintiffs to send a
copy of these orders to the Defendants. In addition, Plaintiff shall make several attempts to
contact Defendants to arrange compliance with my order of September 30, 2013. If Defendants
fail to provide the requested documents, Plaintiffs may file a motion for contempt which

acknowledges that they sent my orders to Defendants and which states the method, date, and time
of each of their efforts to contact Defendants in an attempt to resolve this dispute. I will then set
a hearing of the motion for contempt which Defendant Kevin A Ar-Razzaaq will be required to
appear in person.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ motion to compel [# 12] is DENIED
without prejudice.
IT IS FURTHER ORDERED that Plaintiffs’ must send a copy of my order dated
September 30, 2013 and a copy of the present order to Defendants and shall make several
attempts to contact Defendants to resolve this dispute.
IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of my
September 30, 2013 order and a copy of the present order to Defendants at 3512 Sullivan
Avenue, St. Louis, Missouri 63107.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 29th day of October, 2013.

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