Northwest Administrators, Inc v. Valley Pump, Inc
Filing
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ORDER granting Plaintiff's 15 Motion for Order to Show Cause. Defendant is hereby ordered to appear before the Honorable John C. Coughenour for a Show Cause Hearing set for 3/5/2019 at 9:00 AM to SHOW CAUSE why it should not be held in contempt of this Court's order. Signed by U.S. District Judge John C Coughenour. (TH)
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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NORTHWEST ADMINISTRATORS, INC.,
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Plaintiff,
CASE NO. C18-0865-JCC
ORDER
v.
VALLEY PUMP, INC.,
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Defendant.
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This matter comes before the Court on Plaintiff’s motion for an order to show cause why
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Defendant should not be held in contempt (Dkt. No. 15). On October 16, 2018, the Court ordered
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Defendant to make available to Plaintiff’s authorized representatives, within 15 days, the
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following documents, covering the period of July 1, 2010 through the present date:
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1. Individual payroll records for all employees;
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2. Employee roster listing all employees, with hire or position date changes,
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position, and duties;
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3. State Employer Security Reports;
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4. State Industrial Insurance or comparable reports;
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5. Quarterly PICA and Federal Income Tax Reports (941/941A);
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6. Annual Federal Unemployment Records (FUTA 940);
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7. Labor contracts, plus any addendums or supplements, if applicable; and
ORDER
C18-0865-JCC
PAGE - 1
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8. Payroll or accounts payable records for temporary agency personnel or
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contractors.
(Dkt. No. 13.)
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The Court may grant a motion for an order of contempt if it finds “by clear and
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convincing evidence” that the non-moving contemnors (1) “violated a court order, (2) beyond
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substantial compliance, (3) not based on a good faith and reasonable interpretation of the court’s
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order.” In re Dual-Deck Video Cassette Recorder Antitrust Litig., 10 F.3d 693, 695 (9th Cir.
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1993) (internal alterations omitted). If the moving party meets its burden, “[t]he burden then
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shifts to the contemnors to demonstrate why they were unable to comply” with the court order
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and show that “they took every reasonable step to comply.” Stone v. City & Cty. of San
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Francisco, 968 F.2d 850, 856 n.9 (9th Cir. 1992).
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Plaintiff has submitted clear and convincing evidence that Defendant was served with the
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Court’s order compelling audit on November 8, 2018. (Dkt. No. 15-1 at 5.) Plaintiff has also
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submitted clear and convincing evidence that Defendant has not responded to the Court’s order,
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and has thus not substantially complied with it. (Dkt. No. 15 at 2.) Unless Defendant is able to
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demonstrate why it was unable to comply with the Court’s order and show that it took every
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reasonable step to comply, Defendant will be held in contempt.
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For the foregoing reasons, Plaintiff’s motion for an order to show cause (Dkt. No. 15) is
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GRANTED. Defendant is hereby ordered to appear before the Honorable John C. Coughenour at
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the United States Courthouse, 700 Stewart Street, Seattle, WA, on March 5, 2019 at 9:00 a.m. to
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SHOW CAUSE why it should not be held in contempt of this Court’s order. Failure to appear
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will result in the imposition of a penalty to be determined by the Court.
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ORDER
C18-0865-JCC
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DATED this 22nd day of January 2019.
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
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ORDER
C18-0865-JCC
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