United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CHARLES A. SHAW, UNITED STATES DISTRICT JUDGE.
matter is before the Court on plaintiffs' amended motion
to compel post-judgment discovery. Plaintiffs' motion is
accompanied by an affidavit of counsel and
exhibits. For the following reasons, the Court will
grant the motion.
Plumbers and Pipefitters Local 562 (the “Union”)
and the Plumbers and Pipefitters Welfare Educational Fund,
Pension Fund, and Local 562 Supplemental Pension Plan and
Trust and their Trustees (“Plumbers and Pipefitters
Funds”) filed this action under Section 301(a)-(c) of
the Labor Management Relations Act of 1947, as amended
(“LMRA”), 29 U.S.C. § 185, and Sections
502(e)(1) and (f) of the Employee Retirement Income Security
Act of 1974, as amended, 29 U.S.C. §§ 1132(e)(1)and
(f). The complaint asserted that defendant Quality Heating
& Air Conditioning, Inc. was bound by the provisions of a
collective bargaining agreement to forward to the Plumbers
and Pipefitters Funds contributions and dues payments, and
submit monthly contribution report forms to the Union.
Plaintiffs asserted that defendant failed and refused to pay
the required contributions and submit the required monthly
reports. The Complaint sought to require defendant to submit
its books and records for an audit and accounting, and sought
judgment for the delinquent contributions, interest,
liquidated damages, accounting fees, attorney's fees and
was served with summons and complaint on March 2, 2015, but
did not file an answer or other responsive pleading within
the time allowed by the Federal Rules of Civil Procedure. On
April 23, 2015, a Clerk's Entry of Default was issued
pursuant to Rule 55(a), Fed. R. Civ. P.
Court granted plaintiffs' motion for a default order to
compel an accounting. By Judgment dated May 26, 2016, the
Court entered default judgment in favor of plaintiffs and
against defendant Quality Heating & Air Conditioning,
Inc. in the total amount of Four Thousand Seven Hundred and
Four Dollars and Eighteen Cents ($4, 704.18). [Doc. 17]
Motion to Compel
amended motion to compel and the affidavit of attorney
Michael A. Evans assert that plaintiffs sent a notice of
post-judgment deposition to Quality Heating & Air
Conditioning, Inc. by first-class mail on June 9, 2016,
pursuant to Federal Rules of Civil Procedure 69 and 37. The
notice required the attendance of a representative of
defendant at the office of plaintiffs' counsel on July
27, 2016 at 11:00 a.m., and the simultaneous production of
certain documents relevant to plaintiffs' efforts to
collect the judgment in this case. The affidavit states that
no representative of defendant appeared at the deposition or
produced any documents, nor did any representative of the
defendant contact plaintiffs' counsel with respect to the
69(a)(1) of the Federal Rules of Civil Procedure provides,
“[A] money judgment is enforced by a writ of execution,
unless the court directs otherwise.” Rule 69(a)(1),
Fed.R.Civ.P. Rule 69 further provides that the procedure on
execution, and in proceedings in aid of execution,
“must accord with the procedure of the state where the
court is located, but a federal statute governs to the extent
it applies.” Id. Rule 69(a)(2) provides that
in aid of a judgment or execution, a judgment creditor
“may obtain discovery from any person-including the
judgment debtor-as provided in [the Federal Rules of Civil
Procedure] or by the procedure of the state where the court
is located.” Rule 69(a)(2), Fed. R. Civ. P.
seek to take a post-judgment deposition in aid of execution
of their judgment. This procedure is appropriate pursuant to
Rules 69(a) and 30 of the Federal Rules of Civil Procedure.
It appears to the Court from the affidavit of plaintiffs'
counsel that defendant Quality Heating & Air
Conditioning, Inc. was properly noticed for deposition but
failed to have its representative appear. Plaintiffs'
motion to compel discovery should therefore be granted, and a
representative of Quality Heating & Air Conditioning,
Inc. will be ordered to appear for deposition at the offices
of plaintiffs' counsel, and to produce the requested
documents at the same time.
IT IS HEREBY ORDERED that plaintiffs' amended motion to
compel discovery is GRANTED. [Doc. 19]
FURTHER ORDERED that a representative of Quality Heating
& Air Conditioning, Inc. shall appear for a post-judgment
deposition and produce the records requested in the Notice of
Rule 69 Deposition and Request for Production of Documents,
at the offices of plaintiffs' counsel on Monday,
September 26, 2016 at 11:00 a.m.
FURTHER ORDERED that the Clerk of the Court shall mail copies
of this order to defendant Quality Heating & Air
Conditioning, Inc. at the following addresses: (1) 6141 Etzel
Avenue, St. Louis, Missouri ...