Judge issues order of civil contempt against United Associates Lighting Corp., in Matthews, North Carolina, for failing to provide documents

Date of action: Dec. 8, 2015

Type of action: Order of Civil Contempt and Coercive Daily Fine

Names of defendants: United Associates Lighting Corp. and Roscoe Wagoner

Allegations: In October 2014, the U.S. Department of Labor’s Employee Benefits Security Administration filed a petition in U.S. District Court to enforce a subpoena issued to obtain SIMPLE IRA Plan documents from United Associates Lighting Corp. and Roscoe Wagoner, after the defendants failed to voluntarily provide the documents. The subpoena required the documents to be produced to the department by Dec. 23, 2014. Despite the department’s repeated attempts to contact the defendants, the defendants did not provide the documents. Subsequent to filing the petition and being served with notice of a hearing, the defendants failed to attend the hearing. As a result, the judge issued an order of civil contempt on Dec. 8, 2015.

Resolution: The court ordered the defendants to pay a fine of $100 per day until they provide the documents sought in the subpoena. Additionally, if the defendants do not comply with the order by Jan. 1, 2016, the court has indicated it will incarcerate them until they purge themselves of contempt. The order also requires the defendants to pay the department’s attorney’s fees totaling $1,400.

Court: U.S. District Court for the Western District of North Carolina, Charlotte Division

Docket Number: 3:15-MC-093-GCM-DCK