SE Property Holdings, LLC v. Unified Recovery Group, LLC et al

Filing 287

ORDER ADOPTING the 279 REPORT AND RECOMMENDATIONS. Jeff Green, as managing member of Green & Sons, LLC, is held in civil contempt of court, as set out. Jeff Green is ORDERED to pay into the registry of this Court a coercive fine of $1,000 pe r day for 60 days following today's date, or until Jeff Greenensures production of the documents requested in SEPHs subpoena duces tecum. Signed by Chief Judge Kristi K. DuBose on 7/1/2020. Copy mailed to Jeff Green mailed to the two addresses located on certificate of service on doc. 250. (Copy to Finance) (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS, LLC,
Plaintiff,

:
:

vs.

:

UNIFIED RECOVERY GROUP, LLC,
et al.,
Defendants.

:

Misc. No. 14-0008-KD-MU

:
ORDER

After due and proper consideration of the issues raised, and there having been no
objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated May 29, 2020 is ADOPTED as the opinion of this Court and SEPH’s
third motion for contempt sanctions (doc. 250) is GRANTED.
Jeff Green, as managing member of Green & Sons, LLC, is held in civil contempt of
court for his flagrant disregard and disrespect of the authority of this Court, upon being
informed on May 30, 2018 about the subpoena for documents issued to his company,
Green & Sons, LLC, and the Court’s first contempt order, and promising to follow-up on the
subpoena. Accordingly, Jeff Green is ORDERED to pay into the registry of this Court a
coercive fine of $1,000 per day for sixty (60) days following today’s date, or until Jeff Green
ensures production of the documents requested in SEPH’s subpoena duces tecum.1
Done and ordered this the 1st day of July 2020.

s/Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE
1

The Magistrate Judge recommended awarding SEPH all attorney’s fees and costs
incurred unnecessarily in relation to Jeff Green’s failure to produce the documents
requested in SEPH’s subpoena, including the attorney’s fees and costs for filing the
present motion (doc. 279, p. 10-11). To that end, SEPH was instructed to file an affidavit of
counsel and time sheets within seven days of service of the Report and Recommendation.
SEPH did not file the documents. Thus, no order is entered as to attorney’s fees and costs.