Harris v. Paragon Contractors et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 32 Motion to Compel; adopting Report and Recommendations re 33 Motion to Compel. Signed by Judge Robert J. Shelby on 11/22/2013. (tls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH CENTRAL DIVISION
THOMAS E. PEREZ, SECRETARY OF
LABOR, UNITED STATES
DEPARTMENT OF LABOR,

Case No. 2:13cv00281 RJS

PETITIONER,
v.
PARAGON CONTRACTORS
CORPORATION, BRIAN JESSOP, DALE
BARLOW; KEITH DUTSON; VERGEL
STEED; and CORPORATION OF THE
PRESIDING BISHOP OF THE
FUNDAMENTALIST CHURCH OF
JESUS CHRIST OF LATTER-DAY
SAINTS,

ORDER ADOPTING MAGISTRATE’S
REPORT AND RECOMMENDATION TO
ENFORCE ADMINISTRATIVE
SUBPOENAS AGAINST RESPONDENTS
STEED AND CORPORATION OF THE
PRESIDING BISHOP OF THE
FUNDAMENTALIST CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS

RESPONDENTS.
The Honorable Robert J. Shelby

Magistrate Furse held a Show Cause Hearing on November 5, 2013. On November 6,
2013, Magistrate Furse issued a Report and Recommendation to Enforce Administrative
Subpoenas Against Respondents Vergel Steed (“Steed”) and the Corporation of the Presiding
Bishop of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“the Corporation”).
Upon review and consideration of the matters set forth in the Petitioner’s pleadings, the Court
hereby ADOPTS Magistrate Furse’s Report and Recommendation and hereby:
1.

Finds that Respondents Steed and the Corporation have failed to show cause why

they should not be compelled to comply with Petitioner’s subpoenas ad testificandum and duces
tecum;
2.

Orders a U.S. Marshall to serve a copy of Magistrate Furse’s Report and

Recommendation and this Order Adopting the Report and Recommendation on Respondents
Steed and the Corporation;
3.

Orders a U.S. Marshall to physically bring Respondent Steed and the Record

Custodian or Registered Agent for the Corporation, Nephi Jeffs, to Courtroom Number 477 at
the U.S. District Court for the District of Utah Central District, located at 350 S. Main Street,
Salt Lake City, UT, to provide testimony related to Wage Hour’s investigation, with accessibility
to the undersigned should intervention from the Court become necessary, no later than 45 days
after the date of this Order. Bench warrants for the arrest of Respondents Steed and Jeffs to
execute this Order are attached hereto;
4.

Orders all costs associated with the involvement of the U.S. Marshall to serve and

physically transport Respondent Steed and the Records Custodian or Registered Agent for the
Corporation to Salt Lake City for subpoena testimony proceedings to be paid by Respondents
Steed and the Corporation;
5.

Orders all costs associated with Petitioner’s travel to Salt Lake City, UT on

November 5, 2013, for the show cause hearing where Respondents Steed and the Corporation
failed to appear, to be paid by Respondents.
DATED this 22nd day of November 2013.

BY THE COURT:

ROBERT J. SHELBY
United States District Judge

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