On Motion to Adjudicate Respondents in Civil Contempt
of Protective Restraining Order and for Spoliation Sanctions
Nos. 07-CA-207685; 07-CA-211090; 07-CA-215356.
Decided and Filed: February 23, 2024
Before: MOORE, COLE, and NALBANDIAN, Circuit Judges.
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OPINION
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PER CURIAM. In July 2023, we granted the National Labor Relations Board’s petition
for a protective restraining order prohibiting Bannum, Inc. and Bannum Place of Saginaw, Inc.
(collectively, “Bannum”) from dissipating its assets and ordering it to provide the National Labor
Relations Board (“the Board”) with various financial records. The Board now moves for us to
hold Bannum in civil contempt for failing to comply with the protective restraining order. The
Board also moves for spoliation sanctions against Bannum. Because Bannum violated the clear
terms of the protective restraining order, we GRANT the Board’s motion to adjudicate Bannum
in civil contempt. Because it is not clear at this point that evidence has been lost or destroyed,
however, we DENY without prejudice the Board’s motion for spoliation sanctions.
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