Greater St. Louis Construction Laborers Welfare Fund et al v. Unified Contracting Services, LLC

Filing 20

MEMORANDUM AND ORDER re: 18 MOTION to Compel Discovery filed by Plaintiff Jeffrey O'Connell, Plaintiff Laborers International Union of North America, AFL-CIO, Local Union Nos. 42-110, Plaintiff Perri Pryor, Plaintiff Doug Wachsn icht, Plaintiff Ronny Griffin, Plaintiff Terry Briggs, Plaintiff Greater St. Louis Construction Laborers Welfare Fund, Plaintiff Michael Luth, Plaintiff Cliff Land, Plaintiff Joe Hoette, Plaintiff Matt Andrews, Plaintiff St. Louis Vacation Fund - Vacation Plan, Plaintiff Brad Grant, Richard McLaughlin, Plaintiff Michael Lutz, Plaintiff Joseph Leritz, Plaintiff Corey Black, Plaintiff Richard McGuire, Plaintiff Patrick Pryor, Plaintiff Phil Hocher, Brandon Flinn, William L. Luth , David A. Gillick, Gary Elliott, Plaintiff John J. Smith, Jr., Plaintiff Joe Scarfino, Plaintiff Frank Marchesi, Plaintiff Lou Grasse, Plaintiff Steve MacDonald, Plaintiff Robert Bieg, Jr., Plaintiff Construction Laborers Pension Trust of Gr eater St. Louis, Donald Willey, Plaintiff AGC-Eastern Missouri Laborers' Joint Training Fund. IT IS HEREBY ORDERED that plaintiffs' motion to compel [#18] is GRANTED.IT IS FURTHER ORDERED that defendant shall appear for a deposition and production of documents at a time set by plaintiffs no later than December 5, 2020. Signed by District Judge Stephen N. Limbaugh, Jr on 11/19/20. (CSG)

Case: 4:18-cv-01125-SNLJ Doc. #: 20 Filed: 11/19/20 Page: 1 of 2 PageID #: 196

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

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No. 4:18-CV-1125 SNLJ

MEMORANDUM and ORDER
This matter is before the Court on plaintiffs’ motion to compel defendant to appear for a
post-judgment deposition at the office of plaintiffs’ counsel on November 19, 2020, at 10:00 a.m.
[#18].
This Court granted plaintiffs’ motion for default judgment against defendant on
November7, 2019 in the amount of $11,231.23. In aid of collecting the judgment, plaintiffs
noticed the deposition of defendant’s Registered Agent and organizer, Arnez Owens, pursuant to
Rule 69 of the Federal Rules of Civil Procedure. The notice was mailed to defendant on or about
September 17, 2020. The notice required Mr. Owens to attend a deposition and produce various
documents at the office of plaintiffs’ counsel on October 1, 2020 at 10:00 a.m. No representative
of defendant appeared for the deposition or produced any of the requested documents. Despite
counsel’s subsequent request for Mr. Owens to contact her to reschedule the deposition, no
representative of defendant contacted plaintiffs’ counsel regarding the deposition.
Plaintiffs subsequently filed the instant motion to compel on November 2, 2020. The
defendant has not responded, and the time for doing so has passed. The Court will grant the
motion. Because the motion is granted after the time of the deposition, plaintiffs shall notice the

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Case: 4:18-cv-01125-SNLJ Doc. #: 20 Filed: 11/19/20 Page: 2 of 2 PageID #: 197

deposition for a new date and time, preferably in consultation with defendant upon defendant’s
receiving notice of this Court Order. If plaintiffs are again unable to obtain defendant’s
agreement as to a time for the deposition, plaintiffs shall set the time at their convenience.
Defendant’s failure to comply with this order may result in sanctions.

Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion to compel [#18] is GRANTED.
IT IS FURTHER ORDERED that defendant shall appear for a deposition and
production of documents at a time set by plaintiffs no later than December 5, 2020.
Dated this

19th

day of November, 2020.

STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE

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