Mid-Continent Casualty Company v. Don Brady Construction Company, Inc. et al

Filing 84

ORDER GRANTING Plf's 78 Motion to Enforce Order of Contempt as set out, & Don Brady Construction Company is to immediately pay $3,983.00 to Mid-Continent Casualty Company. Signed by Judge Callie V. S. Granade on 2/16/12. (copy mailed to Dft L. Brady on 2/16/12) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MID-CONTINENT CASUALTY
COMPANY,
Plaintiff,
vs.
DON BRADY CONSTRUCTION
COMPANY, INC., et al.,
Defendants.

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CIVIL ACTION NO. 11-0088-CG-C

ORDER
This cause is before the court on plaintiff’s motion to enforce order of
contempt (Doc. 78). This court previously held Don Brady Construction Company,
Inc. (“DBC”) in contempt of court and ordered plaintiff to file an accounting and
supporting documents regarding its claimed fees and expenses incurred in filing its
motions and reply regarding enforcement of the TRO and Preliminary Injunction as
well as any fees and expenses incurred in filing the accounting itself. (Doc. 61).
Plaintiff filed its accounting claiming $3,983.00 in fees and expenses. (Doc. 62). To
date the court has received no objection or opposition to the accounting. On
January 27, 2012, plaintiff moved for enforcement of the contempt order requesting
that the court order DBC to immediately pay $3,983.00 for contempt. (Doc. 78). The
court ordered that any response to the motion to enforce was to be filed by February
9, 2012. (Doc. 82). To date, no response has been filed. After review of plaintiff’s
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accounting and, in light of the lack of objection to the accounting or to plaintiff’s
motion to enforce, the court finds that the amounts claimed are reasonable and
should be assessed against DBC.
Accordingly, plaintiff’s motion (Doc. 78) is GRANTED and Don Brady
Construction Company is hereby ORDERED to immediately pay Three
Thousand Nine Hundred Eighty Three Dollars and 00/100 ($3,983.00) to
Mid-Continent Casualty Company.
DONE and ORDERED this 16th day of February, 2012.

/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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