Cement Masons Local 527 et al v. Palazzolo Construction, LLC,

Filing 56

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Compel Discovery is GRANTED. [Doc. 54 .] IT IS FURTHER ORDERED that a representative of Defendant Palazzolo Construction, LLC shall appear for a deposition at the office of Plaintiffs counsel on May 17, 2018 at 11:00 a.m. and produce the documents previously requested in the original deposition notice for the April 4, 2018 deposition. Signed by Magistrate Judge Nannette A. Baker on 5/4/18. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CEMENT MASONS LOCAL 527, et al.,
Plaintiffs,
v.
PALAZZOLO CONSTRUCTION, LLC,
Defendant.

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Case No. 4:16-CV-1437 NAB

MEMORANDUM AND ORDER
This closed matter is before the Court on Plaintiffs’ Motion to Compel Discovery. [Doc.
54.] Defendant Palazzolo Construction, LLC did not file a response and the time to do so has
now passed. For the following reasons, the Court will grant the motion.
Cement Masons Local 527, its trustees, and the St. Louis Construction Training and
Advancement Foundation filed this action for delinquent fringe benefit contributions, liquidated
damages, and interest, and unpaid wages. On May 26, 2017, the Court entered partial judgment
in favor of Plaintiffs in the amount of $997.12. On October 18, 2017, the Court entered a default
judgment against Defendant Palazzolo Construction, LLC in the amount of $6,722.79.
In their motion to compel, Plaintiffs provide an affidavit from Plaintiffs’ counsel stating
that Plaintiffs served defendants with a Rule 69 deposition notice and request for production of
documents. [Doc. 54-1.] The deposition with production of documents was scheduled for April
4, 2018. [Doc. 54-1.] No representative appeared on Defendant’s behalf or produced any
documents. [Doc. 54-1.] Defendant did not contact Plaintiffs’ counsel to explain the failure to
appear or to reschedule the deposition. [Doc. 54-1.] Plaintiffs request that the Court compel

Defendant to appear for a post-judgment deposition at the office of Plaintiffs’ counsel on May
17, 2018 at 11:00 a.m.
“The rules for depositions and discovery are to be accorded a broad and liberal
treatment.” Credit Lyonnais, S.A. v. SGC Int’l Inc., 160 F.3d 428, 430 (8th Cir. 1998). “The
right to conduct discovery applies both before and after judgment.” Id. “The law allows
judgment creditors to conduct full post-judgment discovery to aid in executing judgment.” Id.
In aid of judgment or execution, the judgment creditor may obtain discovery from any personincluding the judgment debtor. Fed. R. Civ. P. 69(a)(2). “The procedure on execution-and in
proceedings supplementary to and in aid of judgment or execution-must accord with the
procedure of the state where the court is located, but a federal statute governs to the extent it
applies.” Fed. R. Civ. P. 69(a)(1). Missouri law limits the scope of post-judgment discovery to
matters that are relevant to the discovery of assets, including insurance, or income subject to
execution or garnishment for the satisfaction of judgments. Mo. R. Civ. P. 76.28.
The Court has reviewed Plaintiffs’ notice of deposition request and request for production
of documents. [Doc. 54-2.] It appears from Plaintiffs’ affidavit that they have followed the
proper procedures and the scope of the deposition request is reasonable. Defendant has failed to
appear for the deposition and produce documents or contact Plaintiffs’ counsel to reschedule the
deposition and discovery. Under these circumstances, compulsory relief is appropriate and
Plaintiffs’ motion will be granted.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel Discovery is
GRANTED. [Doc. 54.]

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IT IS FURTHER ORDERED that a representative of Defendant Palazzolo
Construction, LLC shall appear for a deposition at the office of Plaintiffs’ counsel on May
17, 2018 at 11:00 a.m. and produce the documents previously requested in the original
deposition notice for the April 4, 2018 deposition.

Dated this 4th day of May, 2018.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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