INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THEREOF v. GUSTAFSON EXCAVATING INC.
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATIONS of Mag. Judge Hammer; directing respondent to appear and show cause before Mag. Judge Michael Hammer why sanctions should not be imposed as a result of contempt findings, on April 26, 2012 at 12:00p.m. Signed by Judge Jose L. Linares on 4/16/2012. (nr, )
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NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 825 EMPLOYEE
BENEFITS FUNDS AND THE TRUSTEES
THEREOF,
Civil Action No.: 10-5908 (JLL)
ORDER
Petitioner,
v.
GUSTAFSON EXCAVATING, INC., JOHN,
Respondent.
This matter comes before the Court pursuant to an Order to Show Cause filed by this
Court on February 27, 2012, requiring Respondent to show cause, before Magistrate Judge
Michael Hammer on March 19, 2012, at 12:30 p.m., why Judge Hammer “should not issue to the
District Judge a report and recommendation that Respondent be held in contempt for failing to
follow the Court’s September 6, 2011 Order to provide discovery.” [Docket Entry No. 10]. On
March 19, 2012, Magistrate Judge Michael Hammer issued a Report and Recommendation that
this Court hold Respondent in contempt for failure to comply with this Court’s September 6,
2011, Order. [Docket Entry No. 16]. Petitioner duly filed Certification of Service of Judge
Hammer’s Report and Recommendation on Respondent. [Docket Entry Nos. 17, 18]. No
objections to said Report and Recommendation have been filed. The Court has considered the
unopposed submissions of Petitioner, and Judge Hammer’s Report and Recommendation dated
March 19, 2012, and for substantially the same reasons stated therein,
IT IS on this 16th day of April, 2012,
ORDERED that this Court hereby ADOPTS Judge Hammer’s March 19, 2012 Report
and Recommendation as the findings of fact and conclusions of law of this Court; and it is
further
ORDERED that Respondent is in contempt for failing to follow this Court’s September
6, 2011 Order to provide discovery. Respondent may purge itself of contempt by providing
discovery as ordered in this Court’s September 6, 2011 Order; and it is further
ORDERED that Respondent shall appear and show cause before Magistrate Judge
Michael Hammer why sanctions should not issue as a result of this contempt finding, on April
26, 2012 at 12 p.m. at the Martin Luther King Jr. Courthouse, 3rd Floor, Courtroom 3C.
IT IS SO ORDERED.
/s/ Jose L. Linares
Jose L. Linares
United States District Judge
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