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Olson v. Desserts On The Boulevard, LLC

United States District Court, E.D. Missouri, Eastern Division

May 5, 2015

CHRIS OLSON, et al., Plaintiffs,
v.
DESSERTS ON THE BOULEVARD, LLC, et al., Defendants.

MEMORANDUM AND ORDER

CHARLES A. SHAW, District Judge.

This closed matter is before the Court on plaintiffs' motion to find defendants Catina Diane Watson-Miller and Deverick A. Miller in contempt of the Court's Memorandum and Order of March 31, 2015, that granted plaintiffs' motion to compel discovery in aid of execution. Defendants have not responded to the motion for contempt and the time to do so has passed. For the following reasons, defendants will be ordered to appear before the Court and show cause why they should not be held in contempt.

Background

Plaintiffs Chris Olson, Corey Bishop, Joshua Harvey and Matthew Shucart filed suit to recover unpaid wages and penalties under the Fair Labor Standards Act and the Missouri Wage and Hour Law. On the morning of trial, the parties announced they had reached a settlement and presented the Court with a proposed stipulated consent judgment. On November 18, 2013, the Court entered the Consent Judgment which in pertinent part provided as follows:

Defendants consent to judgment being entered in favor of Plaintiff Chris Olson and against Defendants, jointly and severally, in the amount of $4, 000.00 (Four Thousand Dollars and No Cents).
Defendants further consent to judgment being entered in favor of Plaintiff Corey Bishop and against Defendants, jointly and severally, in the amount of $4, 000.00 (Four Thousand Dollars and No Cents).
Defendants consent to judgment being entered in favor of Plaintiff Joshua Harvey and against Defendants, jointly and severally, in the amount of $1, 000.00 (One Thousand Dollars and No Cents).
Defendants consent to judgment being entered in favor of Plaintiff Matthew Shucart and against Defendants, jointly and severally, in the amount of $6, 000.00 (Six Thousand Dollars and No Cents).
The parties agree and stipulate that this Consent Judgment will be satisfied in four (4) installment payments. The installment payment schedule is as follows:
1. The first installment payment of $5, 000.00 (Five Thousand Dollars & No Cents) shall be paid on or before January 1, 2014.
2. The second installment payment of $2, 500.00 (Two Thousand Five Hundred Dollars & No Cents) shall be paid on or before February 1, 2014.
3. The third installment payment of $4, 000.00 (Four Thousand Dollars and No Cents) shall be paid on or before March 1, 2014.
4. The fourth installment payment of $3, 500.00 (Three Thousand Five Hundred Dollars and No Cents) shall be ...

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