Southern Operators Health Fund v. Freeland Construction Company, Inc.

Filing 20

ORDER: For the reasons set forth at the June 9, 2017 hearing, Defendant and Kenneth B. Canty are hereby held in contempt of this Court's preliminary injunction ruling 15 . Signed by District Judge Laurie J. Michelson on 6/9/2017. (xc: Deft by regular mail and certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SOUTHERN OPERATORS HEALTH FUND, Plaintiff, Case No. 16-cv-03029 Honorable Laurie J. Michelson Magistrate Judge Alistair Newbern v. FREELAND CONSTRUCTION COMPANY, INC., Defendant. ORDER The Court held a hearing in this matter on June 9, 2017, in order to “provide Kenneth B. Canty and Defendant additional time to comply with the injunctive order.” (R. 19.) Neither Defendant or Canty appeared. Plaintiff’s counsel represented to the Court that Defendant had submitted the outstanding payroll records, but has yet to submit the contribution payments presently due and owing (and that have been due and owing since 2015). Accordingly and for the reasons set forth more fully on the record in the Court’s oral ruling, IT IS ORDERED that Defendant and Kenneth B. Canty are hereby held in contempt of this Court’s preliminary injunction ruling. (R. 15.) IT IS FURTHER ORDERED that the Court imposes a monetary fine of $50 per day unless and until all payments presently owing, calculated to be $10,025.25, are provided by Defendant to the Plaintiff. IT IS FURTHER ORDERED that if the payments presently owing and due are not provided within 20 days of service of this Order, the Court will issue a warrant for Canty’s arrest. IT IS FURTHER ORDERED that Plaintiff shall effect proper service of this Order on Defendant and Mr. Canty and docket proof of same. SO ORDERED. Dated: June 9, 2017 s/Laurie J. Michelson LAURIE J. MICHELSON U.S. DISTRICT JUDGE CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court=s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on June 9, 2017. s/Keisha Jackson Case Manager 2

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