Sticky Holsters, Inc. v. Tagua Leather Corporation et al

Filing 55

ORDER re 54 Response to order to show cause filed by Tagua Leather Corporation, Zen Distributors Group II LLC. The Court finds that, in this instance, Defendant Tagua Leather Corporation presented good cause for its failure to meet the Court's deadline. Therefore, no additional sanctions are warranted at this time. Signed by Judge Sheri Polster Chappell on 4/10/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STICKY HOLSTERS, INC.,
Plaintiff,
v.

Case No: 2:14-cv-500-FtM-38CM

TAGUA LEATHER CORPORATION
and ZEN DISTRIBUTORS GROUP II
LLC,
Defendants.
/
ORDER1
This matter comes before the Court on Defendant Tagua Leather Corporation’s
Response to Court’s Order to Show Cause filed on April 10, 2015. (Doc. #54). On March
25, 2015, the Court found Defendant Tagua Leather Corporation (“TLC”) in civil contempt
and instituted several sanctions against them. (Doc. #46). One of those sanctions
required TLC to pay Plaintiff the total sum of ten thousand dollars ($10,000) and submit
verified compliance on or before April 8, 2015. (Doc. #46 at 7). As the deadline came
and passed, TLC failed to adhere to the Court’s Order. Therefore, the Court issued an
Order to Show Cause (Doc. #52), directing TLC to show cause as to why it failed to
comply with the Court’s Contempt Order (Doc. #46).

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In its Response, TLC avers that it was unable to comply with the Court’s deadline
because it was unable to obtain proper wire instructions from Plaintiff’s counsel. (Doc.
#54 at 1). Namely, TLC was unable to obtain the beneficiary and banking institution
information necessary to complete the wire transfer. (Doc. #54 at 1). TLC notes that
once it obtained the correct wire instructions from Plaintiff’s counsel on the morning of
April 9, 2015, it immediately completed the wire transfer as required by the Court’s
Contempt Order (Doc. #46). (Doc. #54 at 2). Based on these facts, the Court finds that
additional sanctions are not warranted and, therefore, an evidentiary hearing is not
necessary. While the Court finds good cause for no further action in this instance, TLC
should ensure it meets the Court’s future deadlines, including the remaining deadline in
the Court’s Contempt Order (Doc. #46). It should go without saying that the Court expects
good faith cooperation from both sides in order to allow the Court’s deadlines to be met.
Accordingly, it is now
ORDERED:
The Court finds that, in this instance, Defendant Tagua Leather Corporation
presented good cause for its failure to meet the Court’s deadline. Therefore, no additional
sanctions are warranted at this time.
DONE and ORDERED in Fort Myers, Florida, this 10th day of April, 2015.

Copies: All Parties of Record

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