States Resources Corp v. Howsmon Distributing Company et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 Motion for Order filed by States Resources Corp, 42 Report and Recommendations, 30 Motion for Sanctions, filed by States Resources Corp, 29 Motion to Compel, filed by States Resour ces Corp. Signed on 04/08/14 by District Judge Ortrie D. Smith. (Order mailed to Lee Ann Howsmon, Joe Howsmon, John Howsmon and Howsmon Distributing Co. by First Class Mail.) (Matthes, Renea) Copies of order sent via certified mail, return receipt requested to: Howsmon Distributing Company, #7001 0360 0003 3497 9444; Joe A. Howsmon #7011 1570 0001 3340 8502; John T. Howsmon #7001 0360 0003 3497 9994; Lee Anne Howsmon #7001 0360 0003 3497 9987 on 4/8/2014 (Martin, Jan).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHWESTERN DIVISION
STATES RESOURCES CORP.,

)
)
Plaintiff,
)
)
v.
)
)
HOWSMON DISTRIBUTING CO.,
)
JOE HOWSMON, JOHN T. HOWSMON,)
And LEE ANNE HOWSMON,
)
)
Defendants.
)

Case No. 13-5011-CV-SW-ODS

ORDER AND OPINION ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
On June 17, 2013, the Court entered a Default Judgment against each defendant,
holding them jointly and severally liable for a judgment in the amount of $331,584.83 and
for costs in the amount of $670.35. Plaintiff instituted post-judgment efforts to enforce
the judgment, and on January 6, 2014, the undersigned referred the matter to the
Honorable David P. Rush, United States Magistrate Judge for this district, for all
post-judgment matters.
Judge Rush held a hearing on March 4, 2014; Plaintiff appeared, but none of the
Defendants appeared. Judge Rush issued a Report and Recommendation on March 5.
No party filed objections to the Report and Recommendation, and the time for doing so
has passed. 28 U.S.C. ' 636(b)(1)(C); Local Rule 74.1(a)(2). The undersigned has
also conducted a de novo review of the Record.
Judge Rush’s recommendations are adopted as the Order of the Court, with slight
variation and expansion.
1.

The Motion to Compel Answers to Interrogatories (Doc. # 29) is denied without

prejudice.
2.

The Motion for Sanctions for Failure to Attend Depositions (Doc. # 30) is granted.

Defendants are ordered to pay costs and fees in the amount of $1,890.78.

3.

Defendants are to appear for a deposition at a date and time to be determined in a

Notice issued by Plaintiff’s counsel. Defendants are to bring the documents requested in
that Notice. The deposition will take place at the United States Courthouse in Kansas
City, Missouri; specifically, in the jury room for Courtroom 8C. Plaintiff’s counsel is
directed to advise the undersigned’s staff of the date and time for the deposition.
Defendants are advised that their failure to appear will result in a hearing to
determine whether they should be held in Contempt of Court. Defendants are further
advised that a failure to appear for that hearing will result in the issuance of a warrant for
their arrest.
4.

The Application for Charging Order (Doc. # 37) is granted. Plaintiff’s counsel shall

forward a proposed Charging Order for the undersigned’s signature to the following
e-mail address: [e-mail]
The Clerk of Court is directed to mail two copies of this Order, one via First Class
Mail, postage prepaid, and one via Certified Mail, Return Receipt Requested, to:
Lee Ann Howsmon
2027 Alabama
Joplin, MO 64804

Joe A. Howsmon
2406 Texas Avenue
Joplin, MO 64804

John T. Howsmon
1736 Southern Drive
Neosho, MO 64850

Howsmon Distributing Co.
526 S. Virginia Avenue
P.O. Box 1149
Joplin, MO 64801

IT IS SO ORDERED.

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: April 8, 2014

2