Greater St. Louis Construction Laborers Welfare Fund et al v. Zoie LLC

Filing 16

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, on or before December 15, 2017, Plaintiffs shall file a status report advising the Court of the status of the audit and any forthcoming motion for default judgment. Failure to comply with this Order may result in the dismissal of this case without prejudice for failure to prosecute and failure to comply with a court order. Signed by District Judge Audrey G. Fleissig on 12/8/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GREATER ST. LOUIS CONSTRUCTION
LABORERS WELFARE FUND, et al.,
Plaintiffs,
vs.
ZOIE LLC, d/b/a DANA HOWARD
CONSTRUCTION,
Defendant.

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) Case No. 4:17-cv-00219-AGF
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MEMORANDUM AND ORDER
This action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.
§ 1132, to collect delinquent fringe benefit contributions, is before the Court upon review of the
file. On March 13, 2017, the Court granted Plaintiffs’ motion to compel an audit in order to
determine the amount of Defendant’s liability following the entry of default against Defendant
on February 22, 2017. The Court ordered Plaintiffs to file a properly supported motion for
default judgment no more than 14 days after completing the audit. ECF No. 8.
On June 12, 2017, the Court granted Plaintiffs’ motion for contempt and ordered that
Defendant would be liable for a fine of $200 per day, beginning three days after the date on
which Defendant received service of the Court’s contempt Order, for every day that it failed to
comply with the Court’s Order compelling an accounting and Plaintiffs’ requests for documents
in connection therewith. The Court ordered Plaintiffs to file a notice promptly advising the
Court if and when Defendant produced its records for inspection. ECF No. 14.

On June 14, 2017, Plaintiffs filed a notice advising the Court that Defendant contacted
Plaintiffs shortly before the Court’s June 12, 2017 contempt Order, in order to schedule an
appointment to provide the documents needed by Plaintiffs’ accountant for the audit. ECF No.
15. Plaintiffs have not filed anything further with the Court, and there has been no activity in
this case since June 14, 2017.
Accordingly,
IT IS HEREBY ORDERED that, on or before December 15, 2017, Plaintiffs shall file
a status report advising the Court of the status of the audit and any forthcoming motion for
default judgment.
Failure to comply with this Order may result in the dismissal of this case without
prejudice for failure to prosecute and failure to comply with a court order.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 8th day of December, 2017.

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