Wilson et al v. All Phase Masonry and Construction LLC

Filing 19

ORDER granting 11 Motion for Contempt. Defendant is hereby HELD IN CONTEMPT and ORDERED to pay a fine of $100.00 per day until it complies with the order. Defendant is further ORDERED to pay all attorneys fees and costs reasonably expended by Plaintiffs in connection with the contempt proceedings. Also, Adopting Report and Recommendations re 17 Report and Recommendations. Signed by Judge Algenon L. Marbley on 9/21/2016. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
CAROL A. WILSON, et al.,
Plaintiffs,
v.
ALL PHASE MASONRY AND
CONSTRUCTION, LLC,
Defendant.

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Case No. 2:15-CV-2760
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

ORDER
This matter is before the Court on the Magistrate Judge’s Report and Recommendation,
which recommends that the Court hold Defendant All Phase Masonry and Construction, LLC in
contempt and that a fine of $100.00 per day be imposed on Defendant until it complies with the
Court’s March 14, 2016 order that it permit Plaintiffs to conduct an audit of its records. (Doc.
17.) The Magistrate Judge also recommends that Defendant be ordered to pay all attorneys’ fees
and costs reasonably expended by Plaintiffs in connection with the contempt proceedings. (Id. at
1.)
The parties were advised of their opportunity to object to the Report and
Recommendation within fourteen days of the Report and that a failure to object would result in a
waiver of the right to have the district judge review the Report and Recommendation de novo,
and also operate as a waiver of the right to appeal the decision. (Id. at 2.) Based on its
independent analysis herein, the Court ADOPTS and AFFIRMS the Report and
Recommendation (Doc. 17) and GRANTS Plaintiff’s Motion for Contempt. (Doc. 11.)
Defendant is hereby HELD IN CONTEMPT and ORDERED to pay a fine of $100.00 per day

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until it complies with the order. Defendant is further ORDERED to pay all attorneys’ fees and
costs reasonably expended by Plaintiffs in connection with the contempt proceedings.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: September 21, 2016

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