Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Kirkwood Stone Tile & Carpet, Inc. et al

Filing 24

ORDER that a bench warrant for the arrest of Robert Kirkwood shall issue and shall be served by the United States Marshals Service. Signed by Magistrate Judge Peggy A. Leen on 7/1/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TRUSTEES OF THE BRICKLAYERS &
ALLIED CRAFTWORKERS LOCAL 13
DEFINED CONTRIBUTION PENSION
TRUST FOR SOUTHERN NEVADA, et al.,

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ORDER

Plaintiffs,

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Case No. 2:13-cv-00661-APG-PAL

v.
KIRKWOOD STONE TILE & CARPET, INC.,
et al.,
Defendants.

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The court held a show cause hearing on July 1, 2014. Nathan Ring was present on behalf

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of Plaintiffs. Defendants Robert Kirkwood and Kirkwood Stone Tile & Carpet, Inc., did not

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appear or have counsel appear on their behalf.

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On October 17, 2013, the district judge entered an Order (Dkt. #10) granting Plaintiffs’

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Motion for a Default Judgment (Dkt. #9) against Defendants Kirkwood Stone Tile & Carpet,

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Inc., and Robert J. Kirkwood (“Defendants”) (Dkt. #11) in favor of Plaintiffs. In an Order (Dkt.

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#13) entered November 5, 2013, the court granted Plaintiff’s Motion for a Judgment Debtor

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Examination (Dkt. #12), directing Mr. Kirkwood to appear individually and on behalf of

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Defendant Kirkwood Stone Tile & Carpet, Inc., on January 7, 2014, for a judgment debtor

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examination. See Order (Dkt. #13). The Order also directed Defendants to produce certain

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documents to Plaintiffs’ counsel no later than December 28, 2013. Id. The court required

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Plaintiffs to personally serve the order on Defendants and to file proof of service. Id. Plaintiffs

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complied and personally served the Order on Mr. Kirkwood at his home on November 9, 2013.

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See Certificate of Service (Dkt. #14).

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On January 7, 2014, the court held a hearing on the judgment debtor examination. See

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Minutes of Proceedings (Dkt. #19). Neither Mr. Kirkwood, nor a representative for Kirkwood

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Stone Tile & Carpet, Inc., appeared. Id. On June 9, 2014, the court entered an Order and Order

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to Show Cause (Dkt. #20) granting Plaintiffs’ Motion for Order to Show Cause (Dkt. #18) and

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scheduling a show cause hearing. The order to show cause warned the defendants that failure to

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comply with the order would result in the issuance of a bench warrant. The Order directed

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counsel for Plaintiffs to personally serve Defendants with a copy of the Order and to file proof of

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service. Plaintiffs complied and served Robert Kirkwood at his home on June 11, 2014. See

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Affidavit of Service (Dkt. #21).

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Despite the fact that Defendants received personal service of the court’s Order and Order

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to Show Cause, they did not appear at the scheduled show cause hearing on July 1, 2014. The

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court issued a Bench Warrant (Dkt. #23) for Mr. Kirkwood’s arrest for his failure to comply with

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multiple court Orders and the court’s Order to Show Cause. The court directed Plaintiffs to

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submit a memorandum of attorney’s fees and costs, supported by an affidavit of counsel, no later

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than July 15, 2014.

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Upon Mr. Kirkwood’s arrest, he shall be brought before the United States Magistrate

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Judge on duty, whose chambers may contact the undersigned’s chambers for a date for contempt

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proceedings.

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IT IS ORDERED a bench warrant for the arrest of Robert Kirkwood shall issue
and shall be served by the United States Marshal’s Service.
Dated this 1st day of July, 2014.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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