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17-219 - Greater St. Louis Construction Laborers Welfare Fund et al v. Zoie LLC


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17-219 - Greater St. Louis Construction Laborers Welfare Fund et al v. Zoie LLC
March 13, 2017
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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 audit 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 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 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)
May 1, 2017
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cipal officer with responsibility to comply with the Orders, and shall provide the Court, on or before May 31, 2017, with proof specifying the manner in which they have done so. IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this Order on Defendant Zoie LLC, d/b/a Dana Howard Construction, at the address reflected in the record. (Show Cause Response due by 5/31/2017.) Signed by District Judge Audrey G. Fleissig on May 1, 2017. (BRP)MEMORANDUM AND ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Defendant Zoie LLC, d/b/a Dana Howard Construction, shall have up to and including May 31, 2017, to show cause in writing why it should not be held in civil contempt and the sanctions requested by Plaintiffs imposed against it for failure to comply with the Court's Order of March 13, 2017. IT IS FURTHER ORDERED that Plaintiffs shall provide notice of the Court's March 13, 2017 Order and this Order to Defendant's prin
June 12, 2017
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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 requests. 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 GRANTED. 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 proof, 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 service 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)
December 8, 2017
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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)
February 5, 2018
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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)