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07-447 - Rodriguez et al v. Lawns of Distinction, Ltd. et al


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07-447 - Rodriguez et al v. Lawns of Distinction, Ltd. et al
March 25, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to compel is GRANTED. [Doc. 6] IT IS FURTHER ORDERED that defendant John Andrews shall fully, completely and without objection respond to each interrogatory in Plaintiffs/Creditors Interrogatories to Defendant/Debtor John Andrews by April 10, 2008. IT IS FURTHER ORDERED that defendant Lawns of Distinction, Ltd. shall fully, completely and without objection respond to each interrogatory in Plaintiffs/Creditors Interrogatories to Defendant/Debtor Lawns of Distinction, Ltd. by April 10, 2008. IT IS FURTHER ORDERED that the Clerk of the Court shall mail copies of this order by regular and certified mail, return receipt requested, to defendant John Andrews at the followingaddresses: 79 Henry Avenue, Ballwin, Missouri 63011, and 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005. IT IS FURTHER ORDERED that the Clerk of the Court shall mail copies of this order by regular and certified mail, return receipt requested, to defendant Lawns of Distinction, Ltd. at thefollowing addresses: c/o John Andrews, 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005. c/o Alison R. Andrews, 2232 Kehrs Glen Court, Chesterfield, Missouri 63005. Signed by Honorable Charles A. Shaw on 3/25/08. (Copies of the courts order mailed to both regular and certified mail with return receipt mailed to the following John Andrews at 79 Henry Avenue, Ballwin, Missouri 63011, and 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005 and to Lawns of Distinction, Ltd. at c/o John Andrews, 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005. c/o Alison R. Andrews, 2232 Kehrs Glen Court, Chesterfield, Missouri 63005) (JWJ)
April 23, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants John Andrews and Lawns of Distinction, Ltd. are ordered to show cause why they should not be held in contempt of court for failure answer plaintiffs interrogatories by April 10, 2008, as ordered by the Court on March 25, 2008. IT IS FURTHER ORDERED that a hearing is set for Thursday, May 29, 2008, at 11:30 a.m. in Courtroom No. 12-N of the Thomas F. Eagleton United States Courthouse, at whichdefendants John Andrews and Lawns of Distinction, Ltd. may show cause why civil contempt sanctions should not be imposed against them for failure to comply with the Courts Order of March 25, 2008. Because incarceration is a possible civil contempt sanction, defendants have the right to representation by counsel. Failure to appear for the hearing as ordered may subject defendantAndrews to arrest by the United States Marshals Service. IT IS FURTHER ORDERED that the United States Marshals Service is directed to serve a copy of this Memorandum and Order on defendant John Douglas Andrews personally, at79 Henry Avenue, Ballwin, Missouri 63011, or 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005, or wherever he may be found. IT IS FURTHER ORDERED that United States Marshals Service is directed to serve a copy of this Memorandum and Order on defendant Lawns of Distinction, Ltd. by personal service itspresident and registered agent, John Douglas Andrews, at one of the addresses set forth above. Show Cause Hearing set for 5/29/2008 11:30 AM before Honorable Charles A. Shaw. Signed by Honorable Charles A. Shaw on 4/23/08. (JWJ)
June 17, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs' motion for a civil contempt order against defendants Lawns of Distinction, Ltd. and John Andrews for disobeying this Court's Order of March 25, 2008 is GRANTED, and defendants Lawns of Distinction, Ltd. and John Andrews are found to be in civil contempt of this Court. [Doc. 7] IT IS FURTHER ORDERED that defendants shall purge themselves of this contempt by fully complying with and obeying this Court's March 25, 2008 Order directing that defendants answer the Plaintiffs'/Creditors' Interrogatories. John Andrews is ordered to meet with plaintiffs' attorney today in the federal courthouse to answer the Plaintiffs'/Creditors' Interrogatories to the best of his ability, and is further ordered to supplement his answers and Lawns of Distinction's answers to the Plaintiffs'/Creditors' Interrogatories no later than June 27, 2008. Defendants shall mail their supplemental interrogatory answers to plaintiffs' attorney by certified mail, return receipt requested, and the same shall be postmarked by June 27, 2008. IT IS FURTHER ORDERED that the Court will impose a fine of $200.00 per day, beginning July 3, 2008 and continuing until such time as defendants' supplemental interrogatories are received by plaintiffs' counsel. IT IS FURTHER ORDERED that, in the event defendants fails to purge themselves of contempt as herein ordered, this Court shall deal further with the matter by issuing an Order for John Andrews' arrest and indefinite incarceration until such time as he purges herself of contempt as herein ordered, or any other means this Court may direct. IT IS FURTHER ORDERED that plaintiffs may direct requests for production of documents or other appropriate discovery to the defendants for purposes of collecting on their judgment. IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to defendants John Andrews and Lawns of Distinction, Ltd. at 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005, and the Court notes that a copy of this Order has been hand-delivered to Mr. Andrews on this date. Signed by Honorable Charles A. Shaw on 6/17/2008. (NCL)
July 29, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that a fine of $200.00 per day, beginning July 3, 2008, is imposed against defendants John Andrews and Lawns of Distinction, Ltd., jointly and severally, until they purge themselves of contempt by providing to plaintiffs counsel full and complete writtenanswers to plaintiffs interrogatories directed to them. IT IS FURTHER ORDERED that in the event defendants fail to purge themselves of contempt as herein ordered by August 18, 2008, the Court will deal further with this matter byissuing an Order for John Andrews arrest and indefinite incarceration until such time as he purges himself of contempt as herein ordered, or by any other means this Court may direct. IT IS FURTHER ORDERED that plaintiffs will be awarded their reasonable attorneys fees and expenses incurred as a result of defendants failure to comply with the Courts Orders, andplaintiffs shall submit a statement of their fees and expenses to the Court for review, together with any supporting documentation. IT IS FURTHER ORDERED that the Clerk of the Court shall sent a copy of this Order by U.S. and Certified Mail, return receipt requested, to John Andrews and Lawns of Distinction, Ltd.,c/o John Andrews, at 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005, and that a copy of this Order be personally served upon John Andrews and Lawns of Distinction, Ltd. by the United States Marshals Service or by a local law enforcement agency at the direction of the United States Marshals Service. IT IS FURTHER ORDERED that plaintiffs counsel shall provide the Court with written notice of the status of the defendants compliance with this Order.. Signed by Honorable Charles A. Shaw on 7/29/08. (JWJ)
September 23, 2008
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MEMORANDUM AND ORDER {See Order for complete details}....IT IS HEREBY ORDERED that the Court will further address defendants' failure to comply with the Order at the time of the preliminary injunction hearing to be held on October 3, 2008 at 10:30 am. in Courtroom 12-N, and that defendant John Andrews shall personally appear at that time and place. IT IS FURTHER ORDERED that plaintiffs' Motion to Set Amount of Fees and Expenses is GRANTED and plaintiff's are awarded the sum of Four Thousand Six Hundred Sixty-Five Dollars and Twenty-Eight Cents ($4,665.28), consisting of attorney's fees in the amount of $3,930.00 and expenses of $735.28, against defendants John Andrews and Lawns of Distinction, LTD. jointly and severally.[Doc. 27]. IT IS FURTHER ORDERED that defendants John Andrews and Lawns of Distinction, Ltd. shall pay the sum of $4,668.28 to Texas RioGrande Legal Aid, Inc. by cashiers check or money order by October 23, 2008. IT IS FURTHER ORDERED that a copy of this Order shall be personally served upon John Andrews and Lawns of Distinction, Ltd. by the United States Marshals Service or by a local law enforcement agency at the direction of the United States Marshals Service. re: MOTION for Attorney Fees filed by Plaintiffs. Signed by Honorable Charles A. Shaw on 9/23/2008. (MRC)
October 3, 2008
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ORDER OF CIVIL CONTEMPT IT IS HEREBY ORDERED that defendants John Andrews and Lawns of Distinction are found to be in continuing civil contempt of this Courts Orders of March 25, 2008, June 17, 2008, and July 29, 2008. IT IS FURTHER ORDERED that defendant John Andrews shall be taken into custody andincarcerated in a facility to be selected by the United States Marshal until such time as he purges himself of contempt by providing full, complete and responsive answers to plaintiffs interrogatories directed to him and to Lawns of Distinction, Ltd. IT IS FURTHER ORDERED that defendant John Andrews shall provide supplemental answers to the following interrogatories directed to him, in conformance with the definitions and instructions provided in the interrogatories: Interrogatory Nos. 2, 5, 7, 10, 14, 15, 17, 20 and 22.IT IS FURTHER ORDERED that defendant Lawns of Distinction shall providesupplemental answers to the following interrogatories directed to it, in conformance with the definitions and instructions provided in the interrogatories: Interrogatory Nos. 1, 2, 3, 5, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 18. IT IS FURTHER ORDERED that defendant John Andrews shall apprise the Court of any attempt that he makes to satisfy the prescribed means for purging this contempt citation, by filing an appropriate motion for purging of contempt and release from incarceration, supported by all necessary documentation. Signed by Honorable Charles A. Shaw on 10/3/08. ( A COPY OF THIS ORDER WAS HAND DELIVERED TO THE DEFT JOHN ANDREWS BY DEPUTY US MARSHAL JOE VAUGHN WHILE THE DEFENDANT WAS IN THE CUSTODY OF THE USMS. ) (JWJ) (Additional attachment(s) added on 10/6/2008: # (1) Exhibit I- Interrogatories to John Andrews, # (2) Exhibit J- Interrogatories to Lawns of Distinction, LTD) (MRC).
October 7, 2008
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CONSENT PRELIMINARY INJUNCTION IT IS HEREBY ORDERED that Plaintiffs Motion for a Preliminary Injunction against Third Party Defendants EKM Enterprises, Inc. d/b/a Lawns of Distinction, Gary C. Andrews and Sharon Andrews is GRANTED. [Doc. 32] IT IS FURTHER ORDERED that the Third Party Defendants EKM Enterprises, Inc. d/b/a Lawns of Distinction, Gary C. Andrews and Sharon Andrews, their officers, agents, servants, employees and attorneys, and any other persons who are in active concert with them, are enjoined from transferring any assets that had at any time been transferred to them by Defendants John Andrews and/or Lawns of Distinction, Ltd., pending further order of the Court. IT IS FURTHER ORDERED that pursuant to Rule 65(c), Fed. R. Civ. P. the $500.00 bond previously posted by Plaintiffs remains in effect as security in connection with this preliminary injunction. Re:32 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Juan Rodriguez, Plaintiff Oscar Rodriguez, Plaintiff Esequiel Rodriguez - motion is GRANTED. Signed by Honorable Charles A. Shaw on 10/7/2008. (NCL)
October 7, 2008
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PRELIMINARY INJUNCTION IT IS HEREBY ORDERED that Plaintiffs' Motion for a Preliminary Injunction against Defendants/Judgment Debtors John Andrews and Lawns of Distinction, Ltd. is GRANTED. [Doc. 32] IT IS FURTHER ORDERED that Defendants/Judgment Debtors John Andrews and Lawns of Distinction, Ltd., their officers, agents, servants, employees and attorneys, and any other persons who are in active concert with them, are enjoined from transferring any assets without receiving reasonably equivalent value in exchange therefor, pending further order of the Court. IT IS FURTHER ORDERED that pursuant to Rule 65(c), Fed. R. Civ. P. the $500.00 bond previously posted by Plaintiffs remains in effect as security in connection with this preliminary injunction. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of this Preliminary Injunction to defendant Lawns of Distinction, Ltd. at 17667 Wildhorse Creek Road, Chesterfield, Missouri 63005, and to defendant John Andrews at (1) 79 Henry Avenue, Ballwin, Missouri 63011, and (2) c/o the Warren County Detention Facility, 104 West Main Street, Suite A, Warrenton, Missouri 63383. Signed by Honorable Charles A. Shaw on 10/7/2008. (NCL)
November 17, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that third-party defendants EKM Enterprises, Inc., Gary C. Andrews and Sharon Andrews' motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), Fed. R. Civ. P., is DENIED. [Doc. 48] IT IS FURTHER ORDERED that plaintiffs' motion for leave to amend their supplementary complaint is GRANTED. [Doc. 57] The Clerk of the Court shall detach and docket the amended complaint, which was submitted as an attachment to the motion for leave. Re: 48 MOTION to Dismiss for Lack of Jurisdiction filed by ThirdParty Defendant EKM Enterprises, Inc., ThirdParty Defendant Sharon Andrews, ThirdParty Defendant Gary C. Andrews, 57 MOTION to Amend/Correct Complaint filed by Plaintiff Juan Rodriguez, Plaintiff Oscar Rodriguez, Plaintiff Esequiel Rodriguez. Signed by Honorable Charles A. Shaw on 11/17/2008. (NCL)