Nationwide Mutual Insurance Company v. Ford Myers Total Rehab Center, Inc. et al

Filing 51

ORDER re 49 MOTION for sanctions Against Peter Reiter, D.C. and Incorporated Memorandum of Law filed by Nationwide Mutual Insurance Company. Defendant Peter Reiter is directed to file a response to Nationwide's Motion for Sanctions Aga inst Peter Reiter, D.C. 49 with the Court. Defendant shall have up to and including September 19, 2012 to do so. Failure to respond could result in the Court granting Plaintiffs Motion without the benefit of a response, with an award of sanctions up to and including contempt and arrest. Signed by Magistrate Judge Sheri Polster Chappell on 9/5/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

NATIONWIDE MUTUAL
INSURANCE COMPANY,
Plaintiff,
v.

Case No: 2:10-cv-749-FtM-99SPC

FORT MYERS TOTAL REHAB
CENTER, INC., PETER REITER and
DAVID PITNO,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Plaintiff Nationwide’s Motion for Sanctions
Against Peter Reiter, D.C. (Doc. #49) filed on September 4, 2012. Plaintiff seeks sanctions
against Defendant Peter Reiter for failure to respond to discovery in aid of execution. A consent
judgment was entered against Defendants on November 30, 2011 (Doc. #39) and an Order
awarding additional money in attorney fees and costs was awarded on April 2, 2012 in favor of
Plaintiff. (Doc. #47). Plaintiff represents in the instant Motion that Defendant Reiter has failed
to cooperate with discovery even though the Court has ordered that Plaintiff may proceed with
discovery in aid of execution. Defendant Reiter is advised that he is required to participate and
respond to discovery requests submitted by Plaintiff to him. At this time the Court will direct
Defendant Reiter to respond to Plaintiff’s Motion for Sanctions. The response should show good
cause as to why Defendant Reiter failed respond to discovery requests from Plaintiff.
Accordingly, it is now
ORDERED:

(1) Defendant Peter Reiter is directed to file a response to Nationwide's Motion for
Sanctions Against Peter Reiter, D.C. (Doc. #49) with the Court. Defendant shall have
up to and including September 19, 2012 to do so.
(2) Failure to respond could result in the Court granting Plaintiff’s Motion without
the benefit of a response, with an award of sanctions up to and including
contempt and arrest.
DONE and ORDERED in Fort Myers, Florida this 5th day of September, 2012.

Copies: All Parties of Record

2