REONA J. DALY, Magistrate Judge.
This matter comes before the Court on the show cause hearing held on January 4, 2017. (Doc. 27.) This is an action to collect delinquent fringe benefit contributions owed to the Employers & Cement Masons #90 Health and Welfare Fund and Employers and Cement Masons #90 Pension Fund pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1132, and pursuant to the Labor Management Relations Act, 29 U.S.C. § 185. (Doc. 1.)
On April 28, 2016, the Court found that Plaintiffs' inability to assess the specific amount owed by Defendant warranted an accounting and determined that ERISA authorized the Court to grant such relief. (Doc. 16.) The Court ordered Defendant to provide all books, ledgers, payroll records, and other documents pertaining to hours worked by and wages paid to its employees from April 1, 2014, to the present day no later than May 27, 2016. (Id.) On July 5, 2016, Plaintiffs filed a motion to compel, stating that they served the order on Defendant but that Defendant refused to comply with the order despite substantial efforts to communicate with Defendant and to coordinate an audit. (Doc. 18.) On October 13, 2016, the Court ordered Defendant to show cause by November 18, 2016, as to why it should not be sanctioned for failure to comply with the previous order. (Doc. 21.) The Court also ordered Plaintiffs to serve the show cause order on Plaintiff and to file notice of service thereafter. (Id.) On November 18, 2016, Plaintiffs filed an affidavit of service, indicating that the show cause order had been sent by regular mail and by certified mail to Jesse J. Henley, the principal officer and registered agent of the defendant limited liability company.
On January 4, 2017, Jesse J. Henley failed to appear for the show cause hearing, and Plaintiffs requested a writ for a body attachment
In consideration of the actual knowledge requirement, the request for a writ for a body attachment is deferred. As noted above, the Court mailed the order from November 30, 2016, to Jesse J. Henley. However, to satisfy due process concerns, the Court requires further evidence that Jesse J. Henley in fact received a copy of an order before issuing contempt sanctions. Therefore, the Court will order Jesse J. Henley's appearance for a second hearing and service of this Order as well as the orders discussed above.
In light of the foregoing, Jesse J. Henley is ORDERED to appear in person before Magistrate Judge Reona J. Daly in the Benton Courthouse for the United Stated District Court in the Southern District of Illinois at 9:00 a.m., on January 18, 2017, and have in his possession all books, ledgers, payroll records, and other documents pertaining to hours worked by and wages paid to Defendant Henley Construction, LLC's employees from April 1, 2014, to the present day. At the hearing, Plaintiff shall further explain why he, as Defendant Henley Construction, LLC's principal officer and registered agent, should not be sanctioned for failure to comply with the Orders from April 28, 2016, October 13, 2016, and November 30, 2016. Plaintiffs are directed to serve Jesse J. Henley with a copy of this Order as well as copies of the Orders from April 28, 2016, October 13, 2016, and November 30, 2016, and to file proof of service with the Court.