Construction Industry Laborers Pension Fund et al v. Wellington Concrete, LLC
| Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, Patrick R. Pryor, Steve Schrimpf, Perri L. Pryor and Steven C. Glenn |
| Wellington Concrete, LLC |
| 4:2015cv00804 |
| May 20, 2015 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| Charles A. Shaw |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
41
ORDER OF CONTEMPT: IT IS HEREBY ORDERED that plaintiffs' Motion for Contempt is GRANTED as set forth herein. [Doc. 35 ] IT IS FURTHER ORDERED that to purge himself of contempt of Court, Wellington Concrete, LLC's co rporate representative Timothy Benden shall, no later than Thursday, August 23, 2018, produce the following documents and provide the following information to plaintiffs' counsel in writing:1. A complete list of all Wellington Concrete, LLC projects from July 1, 2016 to date. 2. A complete list of all Wellington Concrete, LLC construction equipment, accounts receivable, and motor vehicles owned from July 1, 2016 to date. 3. The date of sale, contract of sale, and any other contra cts between Wellington Concrete, LLC, and LBC 3. 4. Any bankruptcy petitions filed by Timothy Benden or Wellington Concrete, LLC. 5. The date Timothy Benden filed a bankruptcy petition. 6. The dollar amount Wellington Concrete, LLC or Timothy Bende n owes to the Internal Revenue Service. IT IS FURTHER ORDERED that Mr. Benden shall be incarcerated until he purges himself of contempt by fully answering the questions and providing the documents specified in this Order. The order of incar ceration will be held in abeyance for fourteen (14) days to allow Mr. Benden to answer the questions and provide the documents identified above by August 23, 2018. If Mr. Benden timely and fully complies with this Order, his contempt of Cour t will be purged. If Mr. Benden does not fully and timely comply with this Order, the Court will enforce it by issuing an order of body attachment that directs the U.S. Marshal to bring Mr. Benden before the Court so he may be incarcerated until h e purges himself of contempt by fully complying with this Order. IT IS FURTHER ORDERED that plaintiffs shall promptly notify the Court in writing as to Mr. Benden's compliance with the terms of this Order. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Order to Timothy Benden, at 130 Cuivre Parc, Troy, Missouri 63379. ( Response to Court due by 8/23/2018.) Signed by District Judge Charles A. Shaw on 8/9/18. (JWD)
|
|
Filing
34
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that plaintiffs' Motion to Compel Answers and to Compel Production of Documents is GRANTED. [Doc. 32] IT IS FURTHER ORDERED that Timothy Benden shall, no later than Monday, June 18,20 18, produce to plaintiffs' counsel, the documents listed in the Subpoena served on August 17, 2017 and filed as Exhibit A to plaintiffs' Motion to Compel. IT IS FURTHER ORDERED that Timothy Benden shall, no later than Monday, June 18, 2018, submit answers to plaintiffs' counsel, in writing, to all questions set forth in plaintiffs' September 25, 2017 deposition and filed as Exhibit C to the plaintiffs Motion to Compel. IT IS FURTHER ORDERED that Defendant Wellington Concrete, LLC shall reimburse Plaintiffs their reasonable costs of conducting the September 25, 2017 deposition and for plaintiffs' costs in bringing this instant Motion to Compel, including attorney's fees. IT IS FURTHER O RDERED that by Monday, June 18, 2018, plaintiffs shall file a verified statement of their reasonable expenses and attorney's fees incurred in making the Motion to Compel and in the attendance at the Rule 69 deposition, using the filing ev ent "Response to Court." Defendant may file any response to the statement of fees and expenses by Monday, June25, 2018, also using the filing event "Response to Court." IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this order to Timothy Benden, at 130 Cuivre Parc, Troy, Missouri 63379. ( Response to Court due by 6/18/2018.). Signed by District Judge Charles A. Shaw on 6/6/2018. (MRC)
|
|
Filing
25
MEMORANDUM AND ORDER -......IT IS HEREBY ORDERED that plaintiffs' Motion to Enforce Terms of Settlement Agreement is GRANTED in part, and DENIED in part. The motion is GRANTED to the extent that the Court shall enter judgment against d efendant Wellington Concrete, LLC in the amount of Sixteen Thousand, Five Hundred Seventy-Five Dollars ($16,575.00). In all other respects, the motion is DENIED. [Doc. 24] A separate judgment will accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 12/1/2016. (MRC)
|
|
Filing
21
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Construction Industry Laborers Pension Fund, Construction Industry Laborers Welfare Fund, Steven C. Glenn, Patrick R. Pryor, Perri L. Pryor, and Steve Schrimpf's motion to strike affir mative defenses is GRANTED in part and denied in part. The motion is GRANTED to the extent that the Court shall strike Wellington Concrete, LLCs First, Second, and Seventh Affirmative Defenses, and its Fourth Affirmative Defense to the extent it asserts a defense of laches. In all other respects, the motion is DENIED. [Doc. 7]. Signed by District Judge Charles A. Shaw on 3/31/2016. (MRC)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
