Cement Masons Local 527 et al v. Palazzolo Construction, LLC,
Plaintiff: Cement Masons Local 527, Kurt Dierkes, Jim Renick, Joseph Knott, Brad Campbell, Dirk G. Elsperman, Leonard Ehlmann, William Kroeger, Jeremy Bennett and St. Louis Construction Training and Advancement Foundation
Defendant: Palazzolo Construction, LLC
Case Number: 4:2016cv01437
Filed: September 9, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: Nannette A. Baker
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1132
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 23, 2021 Opinion or Order Filing 72 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to File Instanter Plaintiffs Statement Regarding Appropriateness of Personal Contempt Against John Palazzolo is GRANTED. (Doc. 71 .)IT IS FURTHER ORDERED that Plaintiffs request for a Writ of Body Attachment against Mr. Palazzolo is GRANTED. Mr. Palazzolo has previously been found at 442 Argent Ave, St. Louis, Missouri 63135. The United States Marshals are directed to bring Mr. Palazzolo before thi s Court without undue delay with costs assessed jointly against Mr. Palazzolo and Defendant Palazzolo Construction, LLC. IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042. IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to John Palazzolo at 442 Argent Ave, St. Louis, Missouri 63135. Signed by Magistrate Judge Nannette A. Baker on 2/23/21. (EAB) (copy of order sent to both addresses on 2/23/21).
November 25, 2020 Opinion or Order Filing 69 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to File Instanter Plaintiffs Memorandum in Support of Body Attachment and Affidavit for Attorneys Fees is GRANTED. [Doc. 68 .] IT IS FURTHER ORDERED that the Courts oral or der granting Plaintiffs request for body attachment continues to be HELD IN ABEYANCE. Plaintiffs counsel shall, within sixty (60) days of this Order, submit a supplemental memorandum to the Court confirming that John Palazzolo continues to be the app ropriate individual to bring before the Court for personal contempt and on behalf of Defendant. Plaintiffs supplemental memorandum shall confirm whether the Courts Orders dated May 4, 2018 and July 27, 2018 were personally served on Mr. Palazzolo. IT IS FURTHER ORDERED that Defendant Palazzolo Construction is liable for Plaintiffs attorneys fees and costs to Plaintiffs for having to bring its motion to compel and for contempt in the amount of $1,650.76. IT IS FURTHER ORDERED that Plaintiffs shall effect service of this Order on Defendant and on Mr. Palazzolo by whatever means they believe to be most effective, and shall promptly file a certificate of such service. IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042 via UPS Signature Required, in addition to service via regular mail. (cc: a copy of this Order was mailed to the Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042 via UPS Signature Required and via regular mail this day.). Signed by Magistrate Judge Nannette A. Baker on 11/25/2020. (AAT)
July 10, 2018 Opinion or Order Filing 62 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Court will hold a hearing on Plaintiffs Motion for Contempt on Monday, July 23, 2018 at 9:30 a.m. in Courtroom 13-North. IT IS FURTHER ORDERED that Defendant Palazzolo Construction, LLC shall app ear before the Court to show cause why it should not be held in contempt of court for failure to appear for the deposition on May 17, 2018 and produce records as ordered by the Court on May 4, 2018. IT IS FURTHER ORDERED that Defendant Palazzolo C onstruction, LLC shall retain counsel and counsel is required to be present at the contempt hearing scheduled for July 23, 2018. The court docket shows that Defendant Palazzolo Construction, LLC is listed as pro se. A corporation may be represente d only by licensed counsel and cannot appear pro se. United States v. Van Stelton, 988 F.2d 70 (8th Cir. 1993) (citing Carr Enterprises, Inc. v. United States, 698 F.2d 952, 953 (8th Cir. 1983)). IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042 via UPS Signature Required, in addition to service via regular mail. (Contempt Hearing set for 7/23/2018 09:30 AM before Magistrate Judge Nannette A. Baker.) Signed by Magistrate Judge Nannette A. Baker on 7/10/18. (KJS)
June 13, 2018 Opinion or Order Filing 59 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Court will hold a hearing on Plaintiffs Motion for Contempt on Tuesday, July 10, 2018 at 11:30 a.m. in Courtroom 13-North. IT IS FURTHER ORDERED that Defendant Palazzolo Construction, LLC shal l appear before the Court to show cause why it should not be held in contempt of court for failure to appear for the deposition on May 17, 2018 and to produce records as ordered by the Court on May 4, 2018. IT IS FURTHER ORDERED that Defendant P alazzolo Construction, LLC shall retain counsel and counsel is required to be present at the contempt hearing scheduled for July 10, 2018. The court docket shows that Defendant Palazzolo Construction, LLC is listed as pro se. A corporation may be represented only by licensed counsel and cannot appear pro se. United States v. Van Stelton, 988 F.2d 70 (8th Cir. 1993) (citing Carr Enterprises, Inc. v. United States, 698 F.2d 952, 953 (8th Cir. 1983)). IT IS FURTHER ORDERED that the Clerk of C ourt shall send a copy of this Order to Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042 via UPS Signature Required, in addition to service via regular mail. (Motion Hearing set for 7/10/2018 11:30 AM before Magistrate Judge Nannette A. Baker.) Signed by Magistrate Judge Nannette A. Baker on 6/13/18. (KJS)
May 4, 2018 Opinion or Order Filing 56 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Compel Discovery is GRANTED. [Doc. 54 .] IT IS FURTHER ORDERED that a representative of Defendant Palazzolo Construction, LLC shall appear for a deposition at the office of Plaintiffs counsel on May 17, 2018 at 11:00 a.m. and produce the documents previously requested in the original deposition notice for the April 4, 2018 deposition. Signed by Magistrate Judge Nannette A. Baker on 5/4/18. (KJS)
October 18, 2017 Opinion or Order Filing 47 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment is GRANTED. [Doc. 35 .] A separate Judgment will accompany this Memorandum and Order. Signed by Magistrate Judge Nannette A. Baker on 10/18/17. (KJS)
September 7, 2017 Opinion or Order Filing 37 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Entry of Default by the Clerk is GRANTED for the reasons stated in this Memorandum and Order. [Doc. 34] IT IS FURTHER ORDERED that the Clerk of Court shall issue a Clerks entry of d efault against Defendant Palazzolo Construction, LLC for failure to defend. IT IS FURTHER ORDERED that the contempt hearing set for September 8, 2017 is continued to September 21, 2017 at 11:00 a.m.IT IS FURTHER ORDERED that a hearing on Plaintiffs M otion for Default Judgment is set for September 21, 2017 at 11:00 a.m.IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Defendant Palazzolo Construction, LLC at 11050 Mars Lane, Maryland Heights, Missouri 63042 via UPS Signature Required, in addition to service via regular mail. 34 ( Contempt Hearing set for 9/21/2017 11:00 AM before Magistrate Judge Nannette A. Baker.) Signed by Magistrate Judge Nannette A. Baker on 9/7/17. cc: deft. by regular mail and UPS.(CLA)
May 26, 2017 Opinion or Order Filing 25 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Partial Summary Judgment is GRANTED. [Doc. 20.] IT IS FURTHER ORDERED that Plaintiffs shall have judgment in their favor with respect to Count II. IT IS FURTHER ORDERED that Defenda nt shall submit its payroll records for an audit of work performed on the 4958 Manchester Road project within 30 days of the date of this Memorandum and Order. Failure to comply with this Order may result in a finding of civil contempt against Defend ant and the imposition of sanctions, including a fine and/or incarceration. IT IS FURTHER ORDERED that Plaintiffs shall effect service of this Memorandum and Order on Defendant by whatever means they believe to be most effective, and shall promptly f ile a certificate of such service. IT IS FINALLY ORDERED that Plaintiffs shall file a status report within 45 days of the date of this Memorandum and Order updating the Court on the status of the audit and whether Plaintiffs intend to move for default judgment on Count I. An Order of Judgment shall accompany this Order. 20 ( Status Report due by 6/30/2017.) Signed by Magistrate Judge Nannette A. Baker on 5/26/17. (CLA)
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Plaintiff: Cement Masons Local 527
Represented By: Greg A. Campbell
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Plaintiff: Kurt Dierkes
Represented By: Greg A. Campbell
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Plaintiff: Jim Renick
Represented By: Greg A. Campbell
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Plaintiff: Joseph Knott
Represented By: Greg A. Campbell
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Plaintiff: Brad Campbell
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Plaintiff: Dirk G. Elsperman
Represented By: Greg A. Campbell
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Plaintiff: Leonard Ehlmann
Represented By: Greg A. Campbell
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Plaintiff: William Kroeger
Represented By: Greg A. Campbell
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Plaintiff: Jeremy Bennett
Represented By: Greg A. Campbell
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Plaintiff: St. Louis Construction Training and Advancement Foundation
Represented By: Greg A. Campbell
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Defendant: Palazzolo Construction, LLC
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