UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Laborers’ Pension Trust Fund-Detroit and 

Vicinity, et al, 

 Case No. 09-10260 

 Plaintiffs, 

v Hon. Marianne O. Battani 

Xtra Building Maintenance Services, Inc. 

 Defendant. 

 / 

ORDER ADJUDGING MARY ANDERSON IN CONTEMPT OF COURT 

AND ESTABLISHING PROCEDURE FOR ISSUANCE OF BENCH WARRANT

 THIS MATTER having come on to be heard upon application of Craig E. Zucker, one of 

the attorneys for Plaintiffs, for order to show cause why Mary Anderson should not be held in 

contempt of court for her failure to comply with this court's Amended Order for Examination of 

Judgment Debtor and Restraining Transfer of Certain Property Supplementary to Judgment 

entered on February 17, 2010 (Docket No. 47), which required, inter alia, the appearance of 

Mary Anderson for purposes of a judgment debtor examination and production of certain books 

and records, a hearing to show cause why this court’s order for contempt should be entered 

having been scheduled for July 6, 2010, Mary Anderson having received notice of hearing as 

appears from the Certificate of Service filed with this court (Docket No. 52), a hearing having 

been conducted, the court having considered oral argument, being otherwise fully advised in the 

premises and finding good cause for entry of this order, 

 NOW THEREFORE, for the reasons stated on the Court record; 

 IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 
 1. Mary Anderson is adjudged in contempt of this court for her failure to comply 

with this court’s order of February 17, 2010 [Docket No. 47] by failing to appear for a judgment 

debtor examination and failing to produce certain books and records. 

 2. Mary Anderson may purge herself of contempt by completing all of the 

following: 

i. Contacting Plaintiffs' counsel, Craig E. Zucker, by telephone (248/827-

4100) on or before Friday, July 16, 2010 to promptly arrange for a 

judgment debtor examination to be conducted at the law offices of Erman, 

Teicher, Miller, Zucker & Freedman, P.C., 400 Galleria Officentre, Suite 

444, Southfield, Michigan 48034; 

ii. Appear at said examination on the date and time scheduled in accordance 

with paragraph 2(i) above, and produce all books and records as set forth 

in the Amended Order for Examination of Judgment Debtor [Docket No. 

47]; and 

iii. Paying costs in the amount of $195.00 representing the amount of attorney 

fees and costs incurred by Plaintiffs in furtherance of Defendant’s 

principal officer, Mary Anderson’s, non-compliance with the prior orders 

of this court, in the form of cash or certified or cashier's check made 

payable to Plaintiffs, Laborers’ Pension Trust Fund-Detroit and Vicinity, 

et al. In this regard, this award of costs shall be assessed against Mary 

Anderson individually, and Plaintiffs shall have full rights of execution 

hereon with regard to said award of costs. No provision of this paragraph 

shall impair or modify Plaintiffs’ rights of execution with regard to the 
judgment entered against Defendant in this proceeding, said rights being 

fully preserved. 

 3. In the event Mary Anderson fails to purge herself of contempt by complying with 

each of the provisions of paragraphs 2(i)-(iii) above, and upon the filing by Plaintiffs of an 

affidavit of such non-compliance, this court will, without further application to, or hearing 

before this court, issue its bench warrant for the immediate arrest of Mary Anderson, 

requiring bond in the amount of $500.00, and requiring her immediate appearance before 

this court.

 4. A copy of this Order shall be served upon Mary Anderson by mailing the same, 

via first class mail, to her last known address of 8348 Stoneycreek Rd., Ypsilanti, Michigan 

48197 and service by the foregoing means shall be complete upon mailing. 

DATED: July 8, 2010 s/Marianne O. Battani 

 UNITED STATES DISTRICT JUDGE 

F:\funds\xtra building\order for contempt.doc