Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust et al v. G.M.A.B. LLC et al
| Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust, Iron Workers District Council Of Southern Ohio & Vicinity Pension Trust and Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust |
| G.M.A.B. LLC, American Builders-Steel Erectors, American Builders Holding Co., American Builders Design and Fabrication LLC, American Builders Union Steel Erectors, LLC, American Builders General Contractors, LLC, American Builders Professional Painting Service, LLC, A B Roofing Outlet LLC, Gary Maurer and Colin Garrett |
| 3:2013cv00283 |
| August 23, 2013 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1145 |
| None |
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Filing
178
DECISION AND ENTRY; THE REPORT AND RECOMMENDATIONS DOCKETED ON JUNE 8, 2020 (DOC. # 177 )IS ADOPTED IN FULL; COLIN M. GARRETT IS FOUND IN CONTEMPT OF THE COURT'S MARCH 9, 2017 ORDER; IN ADDITION TO THE JUDGMENT AND ATTORNEY FEES PREVIOUSLY ENTE RED AGAINST COLIN M. GARRETT (DOC. # 18 ), JUDGMENT IS ENTERED AGAINST COLIN M. GARRETT FOR THE AMOUNT OF REASONABLE ATTORNEY FEES AND COSTS - $48,317.88 - PREVIOUSLY ASSESSED AGAINST (DOC. # 163 ) HIM DUE TO HIS CONTINUING AND CURRENT CONTEMPT. Signed by Judge Walter H. Rice on 9/2/2020. (srb)
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Filing
177
REPORT AND RECOMMENDATIONS: 1. Colin M. Garrett be found in contempt of the Court's March 9, 2017 Order; and 2. In addition to the Judgment and attorney fees previously entered against Colin M. Garrett 18 , Judgment be entered against Colin M. Garrett for the amount of reasonable attorney fees and costs--$48,317.88--previously assessed against him due to his continuing and current contempt. Objections to R&R due by 6/22/2020. Signed by Magistrate Judge Sharon L. Ovington on 6-8-20. (slo1)
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Filing
163
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 161 ); SUSTAINING IN PART AND OVERRULING IN PART JUDGMENT CREDITORS' MOTION FOR REASONABLE ATTORNEYS' FEES AND COSTS (DOC. # 160 ); AWARDING$ 48,317.88 IN ATTORNEYS' FEES AND COSTS. Signed by Judge Walter H. Rice on 5/11/2017. (srb)
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Filing
161
REPORT AND RECOMMENDATIONS IT IS THEREFORE RECOMMENDED THAT: 1. Judgment Creditors Motion for Reasonable Attorney Fees and Costs (Doc. # 160 be granted, in part, and denied, in part; and 2. The reasonable amount of judgment creditors attorney fees and costs be set at $48,317.88. Objections to R&R due by 5/10/2017. Signed by Magistrate Judge Sharon L. Ovington on 4/26/2017. (srb)
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Filing
158
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 157 ) ; ORDERING DEFENDANT COLIN M. GARRETT'S COMPLIANCE WITH THIS ORDER; DIRECTING JUDGMENT CREDITORS TO FILE A MOTION FOR ATTORNEY FEES WITHIN FOURTEEN DAYS. Signed by Judge Walter H. Rice on 3/9/17. (pb)
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Filing
157
REPORT AND RECOMMENDATIONS - As a result of Colin M. Garrett civil contempt of this Court. IT IS HEREBY RECOMMENDED THAT: A. Defendant Colin M. Garrett be ordered to perform the following acts, with the failure to do so punishable by further co ntempt findings issued by this Court: l. Defendant Garrett be ORDERED to pay all reasonable attorney fees and costs incurred by the Trusts as a result of bringing their Motion to Show Cause as well as any other collection activities performed on beh alf of the Trusts to collect the amounts he owes. The Trusts be ordered to file a Motion for Attorney Fees to detennine the exact amount of reasonable attorney fees Defendant Garrett owes. 2. Defendant Garrett be ORDERED to submit to the Trusts and t his Court an affidavit within ten (10) days of the issuance of the order described above and, thereafter, by the first (1st) day of each month until this Court's December 2, 2013, judgment is satisfied. His affidavit shall include the following information: a. The name and address of all comparues controlled, owned, organized, or run by Colin M. Garrett; b. A list of all property (real or personal) owned by Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett, including but not limited to any steel, materials (raw or finished), equipment, and any other thing of value; c. A list of all banks, credit unions, or other financial industry comparues with which Colin M. Garrett or any companies control led, owned, organized, or run by Colin M. Garrett has done business within the last three (3) years; d. A copy of all checks or other payments received from or sent to Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M . Garrett; e. The name and address of all projects on which Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett are working on, providing supplies for, or in any way aiding in the construction of in the last th ree (3) years, as well as the name and address of the project owner; the project's general contractor; the entity hiring or contracting with Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett; and the dat e work was first and last perfonned on the project; and f. The name and address of all persons, partnerships, or corporate entities which have employed or contracted with Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett in the last three (3) years and the beginning and end date of said employment or contracting. 3. Colin M. Garrett be ORDERED to permit an agent, representative, or official of the Trusts to inspect any property owned or project worked on by Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett, within three (3) days that notice is mailed to Mr. Garrett at 501 Gray Ave. Suite 1-A, Greenville, OH 45331. 4. Colin M. Garrett be ORDERED to give notice to the Trusts (and its legal counsel) before he or any companies controlled, owned, organized, or run by Colin M. Garrett bids on or commences work on any building and/or construction project, or on any other venture for pay, of the following: a. Th e full legal names of the party that Colin M. Garrett or any companies controlled, owned, organized, or run by Colin M. Garrett is contracting with; b. The full legal name and address of the general contractor on the project; c. The name of the proje ct; d. The full legal name and address of the owner of the project;e. The physical location of the project; f. A copy of the bid submitted; g. A copy of the notice of commencement;h. A copy of any payment bond covering work perfonned by Colin M. Garr ett or any companies controlled, owned, organized, or run by Colin M. Garrett; and i. A copy of all checks or payments exchanged between the parties. Objections to R&R due by 3/1/2017. Signed by Magistrate Judge Sharon L. Ovington on 2/15/2017. (srb)
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Filing
82
DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on August 19, 2014 (Doc. # 68 ) is ADOPTED in full; 2. Defendant Harp Contractors, Inc. is enjoined from paying or delivering to the Defendant Coli n M. Garrett, and any sole proprietorship, partnership, or corporate entity controlled by Mr. Garrett, any monies, goods, effects, assets, interest and/or properties due and owing to them, until such time as Judgment Creditors' Judgment and co urt costs accrued are paid in full; 3. Defendant Colin M. Garrett, and any sole proprietorship, partnership, or corporate entity controlled by Mr. Garrett, is enjoined from receiving any monies, goods, effects, assets, interest and/or properties due and owing them from Defendant Harp Contractors, Inc., until such time as Judgment Creditors' Judgment and court costs accrued are paid in full; 4. Defendant Colin M. Garrett, and any sole proprietorship, partnership, or corporate entity control led by Mr. Garrett, shall pay and apply upon the Judgment all monies, goods, effects, assets, interest and properties due and to become due and payable as may be necessary to fully satisfy such Judgment; and, 5. This Court retains jurisdiction over this Case pending the Defendants' compliance with its orders. Signed by Judge Walter H Rice on 09/16/14. (pb1)
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Filing
79
DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on August 19, 2014 (Doc. # 69 ) is ADOPTED in full; 2. Defendant RFC Contracting, Inc. is enjoined from paying or delivering to the Defendant Colin M. Garrett, and any sole proprietorship, partnership, or corporate entity controlled by Mr. Garrett, any monies, goods, effects, assets, interest and/ or properties due and owing to them, until such time as Judgment Creditors' Judgment and cou rt costs accrued are paid in full; 3. Defendant Colin M. Garrett, and any sole proprietorship, partnership, or corporate entity controlled by Mr. Garrett, is enjoined from receiving any monies, goods, effects, assets, interest and/or properties due and owing them from Defendant RFC Contracting, Inc., until such time as Judgment Creditors' Judgment and court costs accrued are paid in full; 4. Defendant Colin M. Garrett, and any sole proprietorship, partnership, or corporate entity controlle d by Mr. Garrett, shall pay and apply upon the Judgment all monies, goods, effects, assets, interest and properties due and to become due and payable as may be necessary to fully satisfy such Judgment; and, 5. This Court retains jurisdiction over this Case pending the Defendants' compliance with its orders. Signed by Judge Walter H Rice on 09/08/14. (pb1)
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Filing
73
ORDER AND NOTICE OF GARNISHMENT TO: Barton Malow Company re 72 Order on Motion for Writ of Garnishment. Signed by Magistrate Judge Sharon L Ovington on 08/26/14. (pb1)
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Filing
69
REPORT AND RECOMMENDATIONS that the relief sought by 33 Complaint for Creditor's Bill filed by Iron Workers District Council Of Southern Ohio & Vicinity Annuity Trust, Vicinity Pension Trust, and Vicinity Benefit Trust be GRANTED as set forth in the R&R. Objections to R&R due by 9/5/2014. Signed by Chief Magistrate Judge Sharon L Ovington on 8-19-14. (mm1)
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Filing
55
ORDER AND NOTICE OF GARNISHMENT TO Osgood State Bank 275 W. Main Street, P.O. Box 69, Osgood, Ohio 45351 re 50 48 , 45 . Signed by Magistrate Judge Sharon L Ovington on 06/20/14. (pb1)
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Filing
38
ORDER re 34 , 36 - ORDER AND NOTICE OFGARNISHMENT To: Harp Contractors, Inc. 201 East Andrus Road Northwood, OH 43619. Signed by Magistrate Judge Sharon L Ovington on 06/04/14. (pb1)
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Filing
35
ORDER granting 29 Plaintiffs Iron Workers District Council of Southern Ohio & Vicinty, Pension Trust, and Annuity Trust Funds' Motion for Reasonable Attorney Fees and Costs. Signed by Chief Magistrate Judge Sharon L Ovington on 5/30/14. (mm1)
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Filing
18
ORDER granting 17 Motion for Default Judgment. Signed by Judge Walter H Rice on 12/2/13. (pb1)
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