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Construction Laborers Trust Funds For Southern California v. Mainline Underground Construction

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


June 19, 2012

CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
MAINLINE UNDERGROUND CONSTRUCTION, INC., A CALIFORNIA CORPORATION; DOE 1 THROUGH DOE 5, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: S. James Otero, Judge of the United States District Court Central District OF California

[PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT

DATE: July 16, 2012 TIME: 8:30 a.m. PLACE: COURTROOM 1

Upon review of Plaintiff's application seeking an Order requiring Defendant, MAINLINE UNDERGROUND CONSTRUCTION, INC., a California corporation ("EMPLOYER"); through its President and Responsible Managing Officer, Simon Johnson ("JOHNSON") to show cause why they should not be adjudged in civil contempt for failing and refusing to obey this Court's Memorandum and Order granting Plaintiff's Motion for Interlocutory Order for Accounting entered on January 17, 2012 [docket no. 13] and this Court's Order re Plaintiff's Request for Reconsideration of Court's Order re Motion for Interlocutory Order for Accounting entered on January 30, 2012 [docket no. 16], which requires them to produce books and records to the TRUST FUNDS for an audit, and to cooperate in all respects therewith for the TRUST FUNDS to determine whether EMPLOYER has complied with the reporting and payment obligations of her labor agreements and/or to determine the full amount of contributions due by the EMPLOYER to the TRUST FUNDS and any damages to the TRUST FUNDS for failure to pay any such contributions, and good cause appearing therefor:

IT IS HEREBY ORDERED THAT:

1. Defendant, MAINLINE UNDERGROUND CONSTRUCTION, INC., through its Responsible Managing Officer and President, JOHNSON, will appear before the above-entitled Court, on July 16, 2012, at 8:30 a.m., in Courtroom 1 of the United States Courthouse located at 312 N. Spring Street, Los Angeles, California 90012, and show cause, if any, why an order should not be entered adjudging EMPLOYER and JOHNSON guilty of failing and refusing to obey this Court's Memorandum and Order regarding Plaintiff's Motion for Interlocutory Order for Accounting of January 17, 2012, and the Court's Order re Plaintiff's Request for Reconsideration of Court's Order re Motion for Interlocutory Order for Accounting entered on January 30, 2012.

2. Service of a copy of this Order and of the Application upon which the Order is based shall be made by mail to Defendants, EMPLOYER and JOHNSON at least five (5) days prior to the hearing.

20120619

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