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16-1437 - Cement Masons Local 527 et al v. Palazzolo Construction, LLC,


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16-1437 - Cement Masons Local 527 et al v. Palazzolo Construction, LLC,
May 26, 2017
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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 Defendant 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 Defendant 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 file 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 7/10/2017.) Signed by Magistrate Judge Nannette A. Baker on 5/26/17. (CLA) Modified on 6/20/2017 (CLA).
September 7, 2017
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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 default 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 Motion 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)
October 18, 2017
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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)
May 4, 2018
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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)
June 13, 2018
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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 shall 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 Palazzolo 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 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. (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)
July 10, 2018
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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 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 produce records as ordered by the Court on May 4, 2018. IT IS FURTHER ORDERED that Defendant Palazzolo Construction, 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 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 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)