Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust et al v. G.M.A.B. LLC et al

Filing 157

REPORT AND RECOMMENDATIONS - As a result of Colin M. Garrett civil contempt of this Court. IT IS HEREBY RECOMMENDED THAT: A. Defendant Colin M. Garrett be ordered to perform the following acts, with the failure to do so punishable by further co ntempt findings issued by this Court: l. Defendant Garrett be ORDERED to pay all reasonable attorney fees and costs incurred by the Trusts as a result of bringing their Motion to Show Cause as well as any other collection activities performed on beh alf of the Trusts to collect the amounts he owes. The Trusts be ordered to file a Motion for Attorney Fees to detennine the exact amount of reasonable attorney fees Defendant Garrett owes. 2. Defendant Garrett be ORDERED to submit to the Trusts and t his Court an affidavit within ten (10) days of the issuance of the order described above and, thereafter, by the first (1st) day of each month until this Court's December 2, 2013, judgment is satisfied. His affidavit shall include the following information: a. The name and address of all comparues controlled, owned, organized, or run by Colin M. Garrett; b. A list of all property (real or personal) owned by Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett, including but not limited to any steel, materials (raw or finished), equipment, and any other thing of value; c. A list of all banks, credit unions, or other financial industry comparues with which Colin M. Garrett or any companies control led, owned, organized, or run by Colin M. Garrett has done business within the last three (3) years; d. A copy of all checks or other payments received from or sent to Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M . Garrett; e. The name and address of all projects on which Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett are working on, providing supplies for, or in any way aiding in the construction of in the last th ree (3) years, as well as the name and address of the project owner; the project's general contractor; the entity hiring or contracting with Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett; and the dat e work was first and last perfonned on the project; and f. The name and address of all persons, partnerships, or corporate entities which have employed or contracted with Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett in the last three (3) years and the beginning and end date of said employment or contracting. 3. Colin M. Garrett be ORDERED to permit an agent, representative, or official of the Trusts to inspect any property owned or project worked on by Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett, within three (3) days that notice is mailed to Mr. Garrett at 501 Gray Ave. Suite 1-A, Greenville, OH 45331. 4. Colin M. Garrett be ORDERED to give notice to the Trusts (and its legal counsel) before he or any companies controlled, owned, organized, or run by Colin M. Garrett bids on or commences work on any building and/or construction project, or on any other venture for pay, of the following: a. Th e full legal names of the party that Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett is contracting with; b. The full legal name and address of the general contractor on the project; c. The name of the proje ct; d. The full legal name and address of the owner of the project;e. The physical location of the project; f. A copy of the bid submitted; g. A copy of the notice of commencement;h. A copy of any payment bond covering work perfonned by Colin M. Garr ett or any companies controlled, owned, organized, or run by Colin M. Garrett; and i. A copy of all checks or payments exchanged between the parties. Objections to R&R due by 3/1/2017. Signed by Magistrate Judge Sharon L. Ovington on 2/15/2017. (srb)