U.S. Equal Employment Opportunity Commission v. Sherwood Food Distributors, LLC

Justia Dockets & Filings Sixth Circuit Ohio Northern District U.S. Equal Employment Opportunity Commission v. Sherwood Food Distributors, LLC

U.S. Equal Employment Opportunity Commission v. Sherwood Food Distributors, LLC

Plaintiff:	U.S. Equal Employment Opportunity Commission
Defendant:	Sherwood Food Distributors, LLC
Case Number:	1:2016cv02386
Filed:	September 27, 2016
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Donald C. Nugent
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 24, 2022	Filing 57 Memorandum Opinion and Order. This Court finds that Defendant is in civil contempt for violating the Decree. Plaintiff showed through clear and convincing evidence that Defendant had specific knowledge of its responsibilities and still fail ed to comply with the definite order by the Court to pay payroll tax liability, and to ensure that award checks were sent to Claimants by December 14, 2021. Defendant has not demonstrated that it exhausted all reasonable steps they could have taken i n order to comply with the Decree, nor has Defendant offered any evidence as to why it cannot comply. Defendant's attempt to read into the Decree a requirement to be given a breakdown of payments and an opportunity to make payments in installmen ts is unpersuasive. Defendant's intentions to eventually comply are irrelevant to its violation. Defendant argues that they should only be responsible for paying the initial $361,890.68 and should not be required to pay the additional $ ;46,858.55 resulting from the 3.8% tax increase. But for the Defendant's own delay, the amount of taxes owed would not have increased. This Court finds that because Defendant failed to prove that its delay was caused by reasons outside of i ts control, it is appropriate for them to pay the increase in back-pay tax liability. Defendant is hereby ordered to pay the full amount of $408,749.23 within thirty (30) days of this Order. Defendant is also responsible for paying any additional costs incurred by the Administrator's fulfillment of his duties that exceed the $35,000 expected in the Decree. IT IS SO ORDERED. Judge Donald C. Nugent on 2/23/2022. re 44 . (M,S)

Date Filed

Document Text

February 24, 2022

Filing 57 Memorandum Opinion and Order. This Court finds that Defendant is in civil contempt for violating the Decree. Plaintiff showed through clear and convincing evidence that Defendant had specific knowledge of its responsibilities and still fail ed to comply with the definite order by the Court to pay payroll tax liability, and to ensure that award checks were sent to Claimants by December 14, 2021. Defendant has not demonstrated that it exhausted all reasonable steps they could have taken i n order to comply with the Decree, nor has Defendant offered any evidence as to why it cannot comply. Defendant's attempt to read into the Decree a requirement to be given a breakdown of payments and an opportunity to make payments in installmen ts is unpersuasive. Defendant's intentions to eventually comply are irrelevant to its violation. Defendant argues that they should only be responsible for paying the initial $361,890.68 and should not be required to pay the additional $ ;46,858.55 resulting from the 3.8% tax increase. But for the Defendant's own delay, the amount of taxes owed would not have increased. This Court finds that because Defendant failed to prove that its delay was caused by reasons outside of i ts control, it is appropriate for them to pay the increase in back-pay tax liability. Defendant is hereby ordered to pay the full amount of $408,749.23 within thirty (30) days of this Order. Defendant is also responsible for paying any additional costs incurred by the Administrator's fulfillment of his duties that exceed the $35,000 expected in the Decree. IT IS SO ORDERED. Judge Donald C. Nugent on 2/23/2022. re 44 . (M,S)

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Plaintiff: U.S. Equal Employment Opportunity Commission
Represented By:	Jessi Isenhart
Represented By:	Debra M. Lawrence
Represented By:	Kate Northrup
Represented By:	Melanie M. Peterson
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Defendant: Sherwood Food Distributors, LLC
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