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Construction Laborers Trust Funds For Southern California Administrative Company, A Delaware Limited Liability Company v. Two Horse Construction

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


September 25, 2012

CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
TWO HORSE CONSTRUCTION, INC., A CALIFORNIA CORPORATION; NICOLAS BENITEZ, AN INDIVIDUAL DOING BUSINESS AS TWO HORSE CONSTRUCTION; DOE 1 THROUGH DOE 5, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: R. Gary Klausner, Judge of the United States District Court Central District OF California

ORDER TO SHOW CAUSE RE CONTEMPT

DATE: SEPTEMBER 24, 2012 TIME: 9:00 A.M.

PLACE: COURTROOM 850

Roybal Federal Bldg. 255 E. Temple Street Los Angeles, CA 90012

Upon Motion by Plaintiff, seeking for issuance of an Order requiring Defendant, TWO HORSE CONSTRUCTION, INC., a California corporation ("TWO HORSE"); through its Responsible Managing Officer, Ranjith Ranasinghe, and Nicolas Benitez ("BENITEZ") to show cause why they should not be adjudged in civil contempt for failing and refusing to obey this Court's Interlocutory Order for

Accounting entered on June 26, 2012 [docket no. 15] 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 TWO HORSE and BENITEZ have complied with the reporting and payment obligations of their labor agreements and/or to determine the full amount of contributions due by TWO HORSE and BENITEZ 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, TWO HORSE CONSTRUCTION, INC., a California corporation through its Responsible Managing Officer, Ranjith Ranasinghe and/or through BENITEZ and BENITEZ, either comply with the Court's June 6, 2012 Interlocutory Order for Accounting or show cause in writing why an order should not be entered adjudging TWO HORSE and BENITEZ guilty of failing and refusing to obey this Court's Order for Accounting entered on June 26, 2012. Defendant shall either comply with the Court's order or show cause in writing no later than October 9, 2012.

2. Service of a copy of this Order shall be made by mail to Defendants, TWO HORSE and BENITEZ no later than September 28, 2012.

20120925

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