Acosta v. Lewaro Interiors, Inc.

Filing 8

ORDER directing Lewaro Interiors, Inc. and its owner and registered agent, Phillip Moore, to appear with counsel before this court to show cause why respondent should not be held in civil contempt for failure to comply with bo th the subpoena duces tecum issued by this court and Judge Keesler's Order (#3). Show Cause Hearing set for 9/12/2018 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.. Signed by District Judge Max O. Cogburn, Jr on 8/10/2018. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:18-mc-87
R. ALEXANDER ACOSTA,
Secretary of Labor, United States Department of
Labor,
Petitioner,
Vs.
LEWARO INTERIORS, INC., d/b/a
LEWARO INTERIORS,
Respondent.

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SHOW CAUSE ORDER

THIS MATTER is before the court on petitioner’s Petition for Civil Contempt (#6).
Petitioner alleges that respondent has repeatedly failed to attend conferences, respond to
communications, and produce documents necessary to an ongoing investigation by the United
States Department of Labor’s Wage and Hour Division. As a result, United States Magistrate
Judge David C. Keesler issued an Order (#3) on May 31, 2018, that required respondent to
contact petitioner’s counsel by no later than June 8, 2018, in order to produce required
documents. Petitioner states that, to date, respondent has failed to do so.
The court will require the respondent LEWARO INTERIORS, INC., d/b/a LEWARO
INTERIORS, and its owner and registered agent, PHILLIP MOORE, to appear with counsel
before this court to show cause why respondent should not be held in civil contempt for failure to
comply with both the subpoena duces tecum issued by this court and Judge Keesler’s Order.
Respondent is advised that as a corporate entity, it must appear through an attorney
licensed to practice in this Court.
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ORDER
IT IS, THEREFORE, ORDERED that the Clerk of Court calendar the Petition for Civil
Contempt (#6) for a SHOW CAUSE hearing in this matter to be set not sooner than 30 days
from the entry of this Order.

IT IS FURTHER ORDERED that the respondent LEWARO INTERIORS, INC.,
d/b/a LEWARO INTERIORS, and its owner and registered agent, PHILLIP MOORE, shall
appear with counsel before this court to SHOW CAUSE why respondent should not be held in
civil contempt for failure to comply with both the subpoena duces tecum issued by this court and
Judge Keesler’s Order.

The Clerk of Court is instructed to provide the United States Marshal with a copy of this
Order and a Notice of the Show Cause Hearing.

The United States Marshal is respectfully directed to serve respondent LEWARO
INTERIORS, INC., d/b/a LEWARO INTERIORS, and its owner and registered agent,
PHILLIP MOORE with a copy of this Show Cause Order and such Notice.

Signed: August 10, 2018

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