St. Louis - Kansas City Carpenters Regional Council et al v. UNK Flooring, LLC,

Filing 27

MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Discovery 25 is GRANTED. IT IS FURTHER ORDERED that a representative of Defendant UNK Flooring, LLC shall appear for a post-judgment deposition and produce the reco rds requested in the notice of deposition dated September 5, 2018, at the offices of Plaintiffs' counsel on December 12, 2018, at 10:00 a.m. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to Defendant UNK Flooring, LLC, 3515 St. Catherine Street, Florissant, MO 63031.. Signed by District Judge John A. Ross on 10/22/18. (KKS) (Order mailed to UNK on 10/22/2018) (KKS).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ST. LOUIS - KANSAS CITY CARPENTERS
REGIONAL COUNCIL, et al.,

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Plaintiffs,
vs.
UNK FLOORING, LLC,

Case No. 4:l 7-CV-01661-JAR

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Defendant.

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs' Motion to Compel Discovery. (Doc. No.
25). Plaintiffs seek to compel a representative of Defendant UNK Flooring, LLC, to appear for a
post-judgment deposition and produce the records requested in Plaintiffs' notice of deposition.
No response to the motion has been filed. For the following reasons, the motion will be granted.

Background
Plaintiffs filed this action on June 14, 2017, to recover from Defendant UNK Flooring,
LLC ("UNK Flooring") delinquent fringe benefit contributions pursuant to Section 301 of the
Labor Management Relations Act of 1947, 29 U.S.C. § 185, and Section 502 of the Employee
Retirement Income Security Act, 29 U.S.C. § 1132 ("ERISA"). Default judgment was granted in
favor of Plaintiffs on March 28, 2018, in the amount of $62,646.64. (Doc. No. 17).

Motion to Compel
Plaintiffs' motion to compel and the affidavit of attorney Nancy K. Gilbert assert that on
September 5, 2018, Plaintiffs sent a notice of post-judgment deposition to UNK Flooring. The
notice required the attendance of a representative of UNK Flooring at the offices of Plaintiffs'

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counsel on October 10, 2018, at 10:00 a.m., and the simultaneous production of requested
documents relevant to Plaintiffs' efforts to collect the judgment in this case. No representative of
UNK Flooring appeared at the deposition or otherwise contacted Plaintiffs' counsel.
Rule 69(a) of the Federal Rules of Civil Procedure provides that the ''process to enforce a
judgment for the payment of money shall be a writ of execution, unless the court directs
otherwise." Fed. R. Civ. P. 69(a). Rule 69 further provides that the procedure on execution, and
in proceedings in aid of execution, "shall be in accordance with the practice and procedure of the
state in which the district court is held ... except that any statute of the United States governs to
the extent that it is applicable." Id.

Finally, Rule 69 provides that in aid of a judgment or

execution, a judgment creditor "may obtain discovery from any person, including the judgment
debtor, in the manner provided in [the Federal Rules of Civil Procedure] or in the manner
provided by the practice of the state in which the district court is held." Id. In the absence of a
controlling federal statute, a district court "has the same authority to aid judgment creditors in
supplementary proceedings as that which is provided to state courts under local law."

Carpenters' District Council of Greater St. Louis and Vicinity v. Vehlewald Const. Co., 2008
WL 544977, at * 1-2 (E.D. Mo. Feb. 25, 2008) (quoting HH Robertson Co. v. V.S. DiCarlo

Gen. Contractors, Inc., 994 F.2d 476,477 (8th Cir. 1993)).
Plaintiffs seek to take a post-judgment deposition in aid of execution of their judgment.
This procedure is appropriate pursuant to Rules 69(a) and 30 of the Federal Rules of Civil
Procedure. It appears to the Court from the affidavit of Plaintiffs' counsel that UNK Flooring
was properly noticed for deposition but failed to appear. Plaintiffs' motion to compel should
therefore be granted, and a representative of UNK Flooring will be ordered to appear for

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deposition at the offices of Plaintiffs' counsel, and produce the requested documents at the same
time.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Discovery (Doc. No. 26)
is GRANTED.
IT IS FURTHER ORDERED that a representative of Defendant UNK Flooring, LLC
shall appear for a post-judgment deposition and produce the records requested in the notice of
deposition dated September 5, 2018, at the offices of Plaintiffs' counsel on December 12, 2018,
at 10:00 a.m.
IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order
to Defendant UNK Flooring, LLC, 3515 St. Catherine Street, Florissant, MO 63031.

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Dated this;?oi day of October, 2018.

A.ROSS
ED STATES DISTRICT JUDGE

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