Local 513, International Union of Operating Engineers, AFL-CIO et al v. Weider Excavating, L.L.C.
| Local 513, International Union of Operating Engineers, AFL-CIO, Richard D. Dickens, Local Union 513 Pension Fund, Local Union 513 Health and Welfare Fund, Local Union 513 Supplemental Vacation Fund, Local Union 513 Annuity Fund and Local Union 513 Joint Apprenticeship Training Fund |
| Weider Excavating, L.L.C. |
| 4:2009cv00429 |
| March 17, 2009 |
| US District Court for the Eastern District of Missouri |
| Labor: E.R.I.S.A. Office |
| St. Louis - County |
| Charles A. Shaw |
| None |
| Federal Question |
| 29:1132 E.R.I.S.A.-Employee Benefits |
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Filing
33
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to compel is GRANTED. [Doc. 31 ] IT IS FURTHER ORDERED that Mr. Dennis Weider, president of defendant Weider Excavating, L.L.C., shall appear for a post-judgment deposition and produ ce the records requested in the notice of deposition dated March, 30, 2010, at a reasonable time and place agreed upon by the parties, but no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that defendant and Dennis Wei der shall jointly and severally reimburse plaintiffs One Hundred Dollars ($100.00) as reasonable attorneys fees incurred by plaintiffs in connection with bringing the motion to compel. IT IS FURTHER ORDERED that failure to comply with this Memor andum and Order may result in sanctions. IT IS FURTHER ORDERED that the Clerk of the Court shall mail separate copies of this order by both regular mail and certified mail, return receipt requested, to defendant Weider Excavating, L.L.C. at 33590 Highway 42 West, Vienna, Missouri 65582, and to Mr. Dennis Weider, at the same address. Signed by Honorable Charles A. Shaw on 5/3/10. (KJF)
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Filing
13
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendant Weider Excavating, L.L.C. and Mr. Dennis Weider are ordered to show cause why they should not be held in contempt of court for failure to produce the Contribution Report Forms of Weider Excavat ing, L.L.C. for the period April 2008 through April 27, 2009, as ordered by the Court in the Partial Default Judgment dated April 27, 2009.IT IS FURTHER ORDERED that a hearing is set for Tuesday, September 8, 2009, at11:00 a.m. in Courtroom No. 12-N of the Thomas F. Eagleton United States Courthouse, at which defendant Weider Excavating, L.L.C. and Mr. Dennis Weider shall personally appear and may show cause why civil contempt sanctions should not be imposed against them for failure to comply wi th the Courts Partial Default Judgment of April 27, 2009. Because incarceration is a possible civil contempt sanction, Mr. Weider has the right to representation by counsel. Failure to appear for the hearing as ordered may subject Mr. Weider to arres t by the United States Marshals Service. IT IS FURTHER ORDERED that the Clerk of the Court shall mail separate copies of this order by both regular mail and certified mail, return receipt requested, to defendant Weider Excavating, L.L.C. at 33590 Hig hway 42 West, Vienna, Missouri 65582, and to Mr. Dennis Weider by both regular mail and certified mail, return receipt requested, at the same address. Motion Hearing set for 9/8/2009 11:00 AM before Honorable Charles A. Shaw. Signed by Honorable Charles A. Shaw on 8/12/09. (JWJ)
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Filing
10
PARTIAL DEFAULT JUDGMENT IT IS HEREBY ORDERED that Plaintiffs' Motion for Partial Default Judgment is GRANTED. [Doc. 6] IT IS FURTHER ORDERED that Defendant Weider Excavating, L.L.C. shall submit all outstanding Contribution Report Forms for the period of April 2008 through this date, within thirty (30) days of entry of this Partial Default Judgment; IT IS FURTHER ORDERED that Defendant Weider Excavating, L.L.C. shall submit its books to an audit by an auditor of Plaintiffs' choice, wi thin sixty (60) days of the this date, at Defendant's cost; IT IS FURTHER ORDERED that Plaintiffs shall have fifteen (15) days after completion of the audit to submit evidence of the delinquency, interest, liquidated damages, costs and attorney's fees; IT IS FURTHER ORDERED that the Court shall retain jurisdiction over this matter forpurposes of enforcement. Signed by Honorable Charles A. Shaw on 4/27/2009. (NCL)
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