Painters District Council No. 58 et al v. Joseph Construction, Inc. et al

Filing 31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, within 30 days of service of this Order, Defendant Joseph Construction, Inc. and its officer Ricky Roach shall show cause, in writing, why civil contempt sanctions should not be imposed against it for failure to comply with this Court's Order of August 29, 2017. IT IS FURTHER ORDERED that Plaintiffs shall effect personal service of this Order on Defendant's officer, Ricky Roach, and shall promptly file a certificate of such service with the Court. IT IS FINALLY ORDERED that, in light of Plaintiffs' amended motion for contempt (Doc. 30 ), Plaintiffs initial motion for contempt (Doc. 28 ) is DENIED as moot. Signed by District Judge John A. Ross on 10/23/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PAINTERS DISTRICT COUNCIL NO. 58,
et al.,
Plaintiffs,
vs.
JOSEPH CONSTRUCTION INC., et al.,
Defendants.

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Case No. 4:16-cv-00851-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ Amended Motion for Contempt (Doc. 30).
This action arises under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §
1132, to collect delinquent fringe benefit contributions.
On April 10, 2017, the Court entered a default judgment in favor of Plaintiffs in the
amount of $42,257.34. (Doc. 24). On August 29, 2017, the Court ordered a representative of
Defendant Joseph Construction, Inc. to appear for a post-judgment deposition and produce the
records requested in the notice of deposition on September 20, 2017, at 10:00 a.m. at the offices
of Plaintiffs’ Counsel. (Doc. 27). A copy of the Court’s Order was mailed to Defendant on
August 29, 2017. (Doc. 30-4).
Plaintiffs’ amended motion for contempt and the affidavit of attorney Samuel K. Gladney
assert that Defendant did not appear at the deposition on September 20, 2017 or otherwise
contact Plaintiffs’ counsel and did not produce the requested documents. (Docs. 30, 30-4).
Plaintiffs now move for an order finding Defendant in contempt of this Court and imposing a

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compliance fine of $200.00 per day for each day of Defendant’s noncompliance. Plaintiffs also
request they be granted their attorneys’ fees and expenses incurred in bringing this motion.
Accordingly,
IT IS HEREBY ORDERED that, within 30 days of service of this Order, Defendant
Joseph Construction, Inc. and its officer Ricky Roach shall show cause, in writing, why civil
contempt sanctions should not be imposed against it for failure to comply with this Court’s Order
of August 29, 2017.
IT IS FURTHER ORDERED that Plaintiffs shall effect personal service of this Order
on Defendant’s officer, Ricky Roach, and shall promptly file a certificate of such service with
the Court.
IT IS FINALLY ORDERED that, in light of Plaintiffs’ amended motion for contempt
(Doc. 30), Plaintiffs’ initial motion for contempt (Doc. 28) is DENIED as moot.

Dated this 23rd day of October, 2017.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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