Greater St. Louis Construction Laborers Welfare Fund et al v. Zoie LLC
| Greater St. Louis Construction Laborers Welfare Fund, Brandon Flinn, Danny Jenkins, Steve MacDonald, Gary Elliott, Richard McLaughlin, Donald Willey, Jay Schultehenrich, David A. Gillick, Brad Grant, Michael Lutz, Corey Black, Norman Merlo, Construction Laborers Pension Trust of Greater St. Louis, Jeffrey O'Connell, Rick Casson, Lou Grasse, Joseph Leritz, Doug Wachsnicht, Joe Hoette, William L. Luth, St. Louis Vacation Fund - Vacation Plan, John Eremita, AGC-Eastern Missouri Laborers' Joint Training Fund, Patrick R. Pryor, Perri Pryor, Richard McGuire, John B. Morgan, Phil Hocher, Robert J. Wesolich, Joe Scarfino, Cliff Land, John J. Smith, Jr. and Local Union Nos. 42 and 110, Laborers International Union of North America, AFL-CIO |
| Zoie LLC |
| 4:2017cv00219 |
| January 18, 2017 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Audrey G. Fleissig |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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The following documents for this case are available for you to view or download:
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Filing
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for default judgment is GRANTED. ECF No. 17 . Signed by District Judge Audrey G. Fleissig on 02/05/2018. (KCB)
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Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, on or before December 15, 2017, Plaintiffs shall file a status report advising the Court of the status of the audit and any forthcoming motion for default judgment. Failure to comply with this Order may result in the dismissal of this case without prejudice for failure to prosecute and failure to comply with a court order. Signed by District Judge Audrey G. Fleissig on 12/8/2017. (CLO)
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Filing
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for contempt is GRANTED. ECF No. 10 . Defendant Zoie LLC, d/b/a Dana Howard Construction is found in CONTEMPT of this Court. As sanctioned, Defendant is liable for a fine of $ ;200 per day, beginning three days after the date on which it receives service of this Memorandum and Order, for every day that it fails to submit its records for inspection or otherwise comply with this Courts Orders and Plaintiffs discovery req uests. Plaintiffs shall file a notice promptly advising the Court if and when Defendant produces its records for inspection. IT IS FURTHER ORDERED that Plaintiffs request for an award of attorneys fees and costs of its motion for contempt is GRANTE D. Plaintiffs shall submit a supplemental memorandum and affidavit in support of its request for such fees and costs within 7 days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that to the extent Plaintiffs wish to seek sanctions against any officer of Defendant, Plaintiffs must file an appropriate motion and memorandum in support thereof clearly identifying the name of the officer and the address at which he or she may be personally served, and Plaintiffs must attach pro of, by affidavit or otherwise, that the officer is Defendants principal officer with responsibility to comply with the Courts Orders and has personally received notice of the Courts Orders. IT IS FURTHER ORDERED that Plaintiffs shall effect servic e of this Memorandum and Order on Defendant by whatever means they believe to be most effective, and shall promptly file a certificate specifying the date and manner of such service. Failure to show adequate evidence of prompt service may result in the continuation or cancellation of the sanctions ordered herein. Signed by District Judge Audrey G. Fleissig on 06/12/2017. (KCB)
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Filing
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for an Order compelling an accounting is GRANTED. (Doc. No. 5 .) IT IS FURTHER ORDERED that Defendant shall submit its payroll registers and other documents needed to perform an aud it for the period of July 1, 2014 to the present, to an auditor of Plaintiffs choice, 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 Defendant and the im position 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 file a certifi cate of such service. IT IS FURTHER ORDERED that Plaintiffs shall have 14 days after completion of the audit to file a properly supported motion for default judgment. If said motion is not filed prior to May 1, 2017, Plaintiffs shall file a status report with the Court on or before that date. Signed by District Judge Audrey G. Fleissig on 03/13/2017. (KCB)
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