Powerlift Door Consultants, Inc. v. Shepard

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Powerlift Door Consultants, Inc., Case No. 21-cv-1316 (WMW/ECW)

Plaintiff, ORDER ADOPTING MAGISTRATE v. JUDGE’S REPORT AND RECOMMENDATION Lynn D. Shepard, Jr.; Rearden Steel Manufacturing LLC; Rearden Steel Inc.; and ABC Corporation,

Defendants.

This matter is before the Court on the August 17, 2022 Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 168.) The R&R recommends denying Defendant Lynn D. Shepard, Jr.’s motion for an extension of time to pay court-ordered attorneys’ fees and granting Plaintiff Powerlift Door Consultants, Inc.’s motion for civil contempt. No objections to the R&R have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment; Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error. Based on the R&R, the foregoing analysis and all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. The August 17, 2022 Report and Recommendation, (Dkt. 168), is ADOPTED. 2. Defendant Lynn D. Shepard, Jr.’s motion for an extension of time to pay, (Dkt. 143), is DENIED. 3. Plaintiff Powerlift Door Consultants, Inc.’s motion for civil contempt, (Dkt. 149), is GRANTED as follows: a. Defendants Lynn D. Shepard, Jr.; Rearden Steel Manufacturing LLC,

doing business as Powerlift Hydraulic Doors of Florida; and Rearden Steel Inc. (collectively, Defendants), are held in contempt of this Court for failing to obey the Court’s April 7, 2022 Order; b. If Defendants have not purged their contempt within seven days after the date of this Order, Defendants will incur, jointly and severally, a

daily coercive fine of $100, payable to the Court, until they have purged their contempt by paying Plaintiff $12,816.25 as required by the Court’s April 7, 2022 Order; c. If Defendants have not purged their contempt within fourteen days after the date of this Order, Defendants will incur, jointly and severally, a

daily coercive fine of $500, payable to the Court, until they have purged their contempt by proving their full compliance with the Court’s April 7, 2022 Order; d. Defendants, jointly and severally, shall pay a compensatory financial sanction to Powerlift in the amount of Plaintiff’s reasonable attorneys’ fees and costs incurred in seeking compliance with the April 7, 2022 Order; e. Within seven days after the date of this Order, Powerlift shall file an affidavit establishing its attorneys’ fees and costs incurred in seeking compliance with the April 7, 2022 Order; and

f. Within seven days after Powerlift files its affidavit, Defendants may file any objections as to the amount of attorneys’ fees and costs sought by Powerlift.

Dated: November 8, 2022 s/Wilhelmina M. Wright Wilhelmina M. Wright United States District Judge