Arrow Electronics, Inc. v. AFC Green Electric, Inc.

Filing 19

ORDER granting in part and denying without prejudice in part 16 Plaintiff, Arrow Electronics, Inc.'s, Motion to Compel and for Sanctions. The motion is granted to the extent that Benjamin Mading must appear for a properly noticed deposition on or before April 10, 2015 and provide to Plaintiff all documents responsive to Plaintiff's Subpoena Duces Tecum. To the extent that the motion seeks sanctions for Mr. Mading's noncompliance and repeated failure to appear, the motion is denied without prejudice. See Order for details. Signed by Magistrate Judge Carol Mirando on 3/17/2015.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARROW ELECTRONICS, INC.,
a New York corporation
Plaintiff,
v.

Case No: 2:13-cv-584-FtM-29CM

AFC GREEN ELECTRIC, INC.,
Defendant.
ORDER
Before the Court is Plaintiff, Arrow Electronics, Inc.’s, Motion to Compel and
for Sanctions (Doc. 16), filed on January 20, 2015. Plaintiff’s motion requests that
Benjamin Mading, as the registered agent of Defendant AFC Green Electric, Inc., be
compelled to attend a deposition and produce documents responsive to Plaintiff’s
subpoena duces tecum, and further that the Court award appropriate sanctions. No
response to the motion was filed and the time for doing so has expired. For the
reasons that follow, the motion is due to be granted in part and denied without
prejudice in part.
Plaintiff asserts that Mr. Mading twice has failed to appear for depositions,
the first of which was scheduled to take place July 17, 2014 at 10:00 a.m. in Lee
County, Florida.

Doc. 16 at 1; Doc. 16-2 at 1.

Plaintiff’s Notice of Taking

Deposition Duces Tecum in Aid of Execution requested that Mr. Mading bring to the
July 17, 2014 deposition the following:
1. The Corporation’s income tax returns for the last five years

2. All financial statements prepared for the Corporation during the last
five years.
3. All written statements or reports issued to the Corporation during the
past five years from any stockbroker.
4. All records in the Corporation’s possession or under the Corporation’s
control which directly or indirectly evidence income received by the
Corporation during the past five years, including but not limited to:
a. IRS reporting forms;
b. Copies of receipts;
c. Bank deposit slips;
d. Correspondence;
e. Books and ledgers;
f. Checkbook registers;
g. Accounts receivable journals.
5. All inventories prepared by or on behalf of the Corporation in whatever
form showing stock and trade, parts, equipment, or any other inventory
which the Corporation maintains.
6. All records in the Corporations possession or under the Corporation’s
control which directly or indirectly evidence or verify the Corporation’s
ownership interest of any sort in any business entity.
7. All employment contracts or arrangements for the services of the
Corporation made during the last five years.
8. All UCC-1’s, security agreements, or other documents evidencing liens
or some type of ownership interest on all goods, equipment and
inventory owned by the Corporation.
9. All Certificates of Deposit owned by the Corporation.
10. All notes of which the Corporation is the holder.
11. All mortgages wherein the Corporation is the mortgagee.

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12. All trusts wherein the Corporation is named as a beneficiary.
13. Pleadings in any pending lawsuits to which the Corporation is a party.
14. All contracts for the sale of land wherein the Corporation is a buyer,
seller or agent entitled to a commission.
15. All listing contracts for any land owned, wholly or in part, by the
Corporation, and all listing contracts for the sale of land from which the
Corporation may be entitled to a commission.
16. Copies of titles to all motor vehicles or watercraft in the name of the
Corporation.
17. Copies of all deeds to land owned by the Corporation.
18. All leases held by the Corporation to buildings or land either as lessee
or lessor.
19. All insurance policies or other policies which insure or have insured
personal property owned by the Partnership, including all schedules
filed in connection with those policies.
Doc. 16-1 at 5-7. Because Mr. Mading failed to appear for his deposition, none of the
requested documents were provided. Upon Mr. Mading’s failure to appear for his
July 17, 2014 deposition, Plaintiff’s counsel contacted Mr. Mading, who then agreed
to appear at a deposition rescheduled for September 9, 2014. Doc. 16 at 2. Mr.
Mading again failed to appear or produce any responsive documents.

Id.

Accordingly, Plaintiff filed the instant motion.
The Court entered an Order to Show Cause on February 25, 2015 directing
Benjamin Mading to show cause in writing on or before March 13, 2015 why the
motion should not be granted.

Doc. 18.

Mr. Mading also was cautioned that

“[f]ailure to respond by March 13, 2015 will result in the motion being granted
without further notice.” Doc. 18 at 2. No response was filed, and the time for doing

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so now has expired. Thus, as to Plaintiff’s request that Benjamin Mading be ordered
to attend a deposition and produce the requested documents, the motion will be
granted.
As to Plaintiff’s request for sanctions, the Court finds that sanctions are not
warranted at this time, in part because this is the first request by Plaintiff for the
Court’s assistance with conducting discovery in aid of execution in this matter, and
in part because Mr. Mading, as the registered agent of Defendant, is proceeding pro

se. If, however, Mr. Mading again fails to appear for a properly noticed deposition
and fails to produce the requested documents, the Court will entertain a motion for
sanctions at that time. Mr. Mading therefore is cautioned that a failure to comply
with this Order may result in the Court awarding sanctions against him in favor of
Plaintiff, including but not limited to ordering Mr. Mading to pay Plaintiff’s
attorneys’ fees and recommending that Mr. Mading be found in contempt of court.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff, Arrow Electronics, Inc.’s, Motion to Compel and for Sanctions (Doc.
16) is GRANTED IN PART. The motion is granted to the extent that Benjamin
Mading must appear for a properly noticed deposition on or before April 10, 2015 and
provide to Plaintiff all documents responsive to Plaintiff’s Subpoena Duces Tecum, as
set forth in Schedule A attached thereto and reprinted in this Order. To the extent
that the motion seeks sanctions for Mr. Mading’s noncompliance and repeated failure
to appear, the motion is denied without prejudice.

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DONE and ORDERED in Fort Myers, Florida on this 17th day of March, 2015.

Copies:
Counsel of record
Unrepresented party

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