Mason Tenders District Council of Greater New York et al v. A.C.T. Abatement Corporation et al

Filing 56

ORDER: Accordingly, Defendants-Judgment Debtors shall respond within 30 days to Plaintiffs-Judgment Creditors' Information Subpoena. Failure to do so may result in a finding of contempt and imposition of sanctions, including fines and imprisonment. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/18/2021) (va)

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Case 1:13-cv-00915-LAP Document 56 Filed 11/18/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MASON TENDERS DISTRICT COUNCIL OF GREATER N.Y., et al., Plaintiffs, No. 13-CV-915 (LAP) -against- ORDER A.C.T. ABATEMENT CORP., et al., Defendants. LORETTA A. PRESKA, Senior United States District Judge: Before the Court is Plaintiffs-Judgment Creditors’ motion to compel A.C.T. Abatement Corporation (“A.C.T. Abatement”) and Eric B. Jeter (“Jeter”) (collectively, “Defendants-Judgment Debtors”) to provide written answers to an Information Subpoena with Restraining Notice. (See dkt. nos. 50, 53.) On January 29, 2016, the Court entered a default judgment in favor of Plaintiffs, as judgment creditors, and against Defendants A.C.T. Abatement and Jeter, as judgment debtors, in the amount of $216,687.10. (See dkt. no. 45.) On April 14, 2021, Plaintiffs served an Information Subpoena with Restraining Notice on A.C.T. Abatement and Jeter. (See dkt. no. 50.) Neither Defendant-Judgment Debtor responded by the April 28, 2021 deadline. (Id.) On April 29, 2021, Plaintiffs-Judgment Creditors sent letters to Defendants-Judgment Debtors seeking compliance with the Information Subpoena. 1 (Id.) Case 1:13-cv-00915-LAP Document 56 Filed 11/18/21 Page 2 of 2 On June 28, 2021, Plaintiffs-Judgment Creditors filed the instant motion. (Id.) On June 30, 2021, the Court ordered Defendants-Judgment Debtors to file any opposition by July 12, 2021. (See dkt. no. 53.) To date, Defendants-Judgment Debtors have not responded to the Court’s order. Accordingly, Defendants-Judgment Debtors shall respond within 30 days to Plaintiffs-Judgment Creditors’ Information Subpoena. Failure to do so may result in a finding of contempt and imposition of sanctions, including fines and imprisonment. SO ORDERED. Dated: November 18, 2021 New York, New York __________________________________ LORETTA A. PRESKA Senior United States District Judge 2

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