Greater St. Louis Construction Laborers Welfare Fund et al v. Green Trac, LLC

Filing 12

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion for contempt 10 is denied without prejudice to being refiled as set out above. IT IS FURTHER ORDERED that plaintiffs' counsel shall serve a copy of this Memorandum and Order on defendant.. Signed by District Judge Rodney W. Sippel on 5/31/16. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
vs.
GREEN TRAC, LLC.,
Defendant.

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Case No. 4:16 CV 169 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiffs’ motion for contempt. On March 23, 2016, I
entered a partial default judgment ordering defendant to provide plaintiffs delinquent reports for
the months of August 2014 to date. According to plaintiffs’ motion, defendant has failed and
refused to comply with the default order, and its time for doing has now expired. However,
plaintiffs’ motion contains no statement of what efforts, if any, plaintiffs’ counsel made to
contact defendant and arrange for production of these reports prior to filing this motion. As a
result, the motion will be denied without prejudice to being refiled, if necessary, after plaintiffs’
counsel makes appropriate efforts to obtain the reports without Court intervention. Such efforts
must include contacting defendant by telephone and certified mail. Any renewed motion shall be
accompanied by an affidavit of counsel setting forth the good faith efforts made to contact
defendant and resolve this issue without Court intervention, as well as a certification that this
Memorandum and Order was served upon defendant as ordered.
Accordingly,
IT IS HEREBY ORDERED that the motion for contempt [10] is denied without
prejudice to being refiled as set out above.

IT IS FURTHER ORDERED that plaintiffs’ counsel shall serve a copy of this
Memorandum and Order on defendant.

_________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 31st day of May, 2016.

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