Seychelles Organics Incorporated v. Rose

Filing 44

ORDER granting 31 MOTION for a Finding of Contempt Against Defendant John Rose. Contempt Hearing set for 12/11/2013 at 02:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Frederick J Martone. (See document for further details). Signed by Senior Judge Frederick J Martone on 11/4/13. (LAD)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Seychelles Organics, Inc., Plaintiff, 10 11 vs. 12 John R. Rose, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-11-01746-PHX-FJM ORDER 15 16 17 Before the court is plaintiff Seychelles Organics, Inc.’s motion for contempt against 18 defendant John Rose for failing to produce documents and appear for deposition testimony 19 under subpoena (doc. 31), Rose’s response (doc. 41), and Seychelles’ reply (doc. 43). On 20 August 31, 2012, Seychelles initiated discovery related to enforcement of its judgment 21 against Rose by noticing depositions of Rose and his employer/affiliated entity AnuMed 22 International, LLC, and requesting the production of documents by way of subpoenas duces 23 tecum (docs. 18, 19). We denied Rose’s and AnuMed’s motion for protective order (doc. 24 30), yet Rose continues to refuse to appear for a judgment debtor’s examination or to produce 25 any documents. 26 Under Rule 45(e), Fed. R. Civ. P., an “issuing court may hold in contempt a person 27 who, having been served, fails without adequate excuse to obey the subpoena.” In his 28 response to the motion to compel, Rose gives various reasons for his failure to comply with 1 the subpoenas, including that he was out of town, his lawyer told him he did not need to 2 comply, and that he had already given a deposition in a related action in 2010. These reasons 3 fall far short of establishing an adequate excuse to ignore the subpoenas. Accordingly, we 4 find defendant John Rose in contempt for failing to comply with subpoenas. A hearing is 5 hereby set before this court on Wednesday, December 11, 2013 at 2:00 p.m. before Judge 6 Frederick J. Martone, in Courtroom 506, at which we will levy appropriate sanctions for 7 the contempt, which may include incarceration. Rose must personally appear at the hearing. 8 Rose may purge himself of this contempt by producing the requested documents and 9 appearing for a judgment debtor’s examination no later than December 2, 2013. Rose must 10 produce the requested documents at least 7 days before the scheduled examination. Upon 11 an adequate showing that Rose has complied with the subpoenas, we will enter an order 12 purging the finding of contempt at the December 11, 2013 hearing. 13 14 15 IT IS ORDERED GRANTING the motion for a finding of contempt against defendant John Rose (doc. 31). DATED this 4th day of November, 2013. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?