DeLeon et al v. ST Mobile Aerospace Engineering, Inc. et al

Filing 65

ORDER entered granting 61 MAE's Motion to Compel as set out. In the event plaintiffs fail to comply with this Order by timely serving MAE with the answers to the aforementioned post-judgment interrogatories, DeLeon, Castillo, Nunez, Ram irez, Loo and Crespo, shall personally APPEAR ,along with their counsel of record, before this Court at 10:00 a.m. on Friday March 23, 2012 in Courtroom 3B to SHOW CAUSE why further sanctions should not be imposed for failure to comply with the Courts orders. Signed by Magistrate Judge Katherine P. Nelson on 2/17/2012. (mca) Modified on 2/17/2012 (mca).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FERNANDO DELEON, JOSE M. COSTILLO, )
JESUS NUNEZ, ALAIN RAMIREZ,
)
PETER LOO, and WILMER CRESPO,
)
)
Plaintiffs,
)
)
v.
) CIVIL ACTION NO. 08-00562-KD-N
)
ST. MOBILE AEROSPACE ENGINEERING, )
INC.,
)
)
Defendant.
)
ORDER
Pursuant to the Court’s Order dated November 29, 2011 (doc. 62), plaintiffs’
counsel has responded (doc. 63) to the post-judgment motion to compel (Doc. 61) filed
by the defendant, ST Mobile Aerospace Engineering, Inc. (“MAE”). Plaintiffs’ counsel
concedes that MAE’s motion is due to be granted. (Doc. 63 at ¶ 1). Counsel further
concedes that the costs taxed against his clients in the amount of $9,971.50 (doc. 56) is
“unquestionably due to be paid” and that he has “repeatedly apprised clients of the cost
due . . . [and] that costs need to be paid.” (Doc. 63 at ¶ 2). Although also admitting that
MAE might be entitled to attorney’s fees and costs associated with the present motion to
compel, counsel requests that the Court not impose additional costs or fees because such
“will make the collection of payment more difficult and only further delay the full
satisfaction of the amount owed Defendant.” (Id. at ¶ 3). Although permitted by the
Court, MAE opted not to reply to plaintiffs’ response.

Upon consideration of the motion, plaintiffs’ response and all other pertinent
portions of the record, it is ORDERED that MAE’s motion to compel (doc. 61) be
GRANTED as follows:
1.

The plaintiffs, Fernando DeLeon, Jose M. Castillo, Jesus Nunez, Alain

Ramirez, Peter Loo and Wilmer Crespo, shall deliver to MAE the answers to the postjudgment interrogatories served by MAE on May 10, 2011 by no later than March 16,
2012.1
2.

In the event plaintiffs’ fail to comply with this Order by timely serving

MAE with the answers to the aforementioned post-judgment interrogatories, Fernando
DeLeon, Jose M. Castillo, Jesus Nunez, Alain Ramirez, Peter Loo and Wilmer Crespo,
shall:
a.

Personally APPEAR ,along with their counsel of record, before this

Court at 10:00 a.m. on Friday March 23, 2012 in Courtroom 3B of the United States
Courthouse, 113 St. Joseph Street, Mobile, Alabama, to SHOW CAUSE why further
sanctions should not be imposed for failure to comply with the Court’s orders.
3.

Plaintiffs shall, in addition to the costs previously taxed by this Court (doc.

56), PAY to MAE the reasonable fees and costs incurred in connection with this motion
to compel and, in that regard:
a.

MAE shall file its proof of such fees and costs by no later than

March 9, 2012; and

1

MAE shall notify the court on Monday March 19, 2012 whether plaintiffs have responded to the
post judgment interrogatories as ordered herein.

b.

Plaintiffs shall file any objections to the fees and costs sought by

MAE by no later than March 16, 2012 at which time the matter will be taken under
submission.
DONE this 17th day of February, 2012.

/s/ Katherine P. Nelson
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE