Melikhov et al v. Drab et al

Filing 45

ORDERED: Nonparty Hana Dabrova is directed to bring her passport(s) with her to the show cause hearing set for September 23, 2019 at 9:30 a.m. Failure to do so may result in the issuance of sanctions Signed by Judge Sheri Polster Chappell on 9/18/2019. (AEH) .

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY MELIKHOV, MELMAR
HOLDINGS, LLC and U4G GROUP,
LLC,
Plaintiffs,
v.

Case No.: 2:19-cv-248-FtM-38MRM

LADISLAV DRAB, CE GROUP,
CESKA ENERGIE, CESKA
PLYNARESKA, NAPLES ENERGY,
LLC, HANA DRABOVA and CZECH
ENERGY USA, LLC,
Defendants.
/
ORDER1
A show cause hearing as to why Nonparties Hana Drabova, Naples Energy, LLC,
and Czech Energy U.S.A., LLC should not be adjudged in civil contempt and/or
sanctioned by reason of the facts so certified by the Magistrate Judge (Doc. 35) is set for
September 23, 2019 at 9:30 a.m. (Docs. 37, 43). In its Order to Show Cause (Doc. 37)
the Court directed Nonparty Hana Dabrova to appear in person at the hearing and
informed her that her failure to appear may result in the issuance of a bench warrant for
her arrest.

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If a district court finds a party in contempt, it has broad discretion in fashioning a
contempt sanction “to ensure compliance, as long as the sanctions are not greater than
necessary.” Smith Barney, Inc. v. Hyland, 969 F. Supp. 719, 722 (M.D. Fla. 1997). “Such
options include a coercive daily fine, a compensatory fine, attorney’s fees, expenses to
the aggrieved party, and coercive incarceration." Id. at 723 n.6 (citing Citronelle-Mobile
Gathering, Inc. v. Watkins, 943 F.3d 1297 (11th Cir. 1991). See also 28 U.S.C. § 1826.
Because the Court could find that Dabrova be incarcerated until she complies with
the discovery in aid of execution, the Court will direct Dabrova to bring her passport(s)
with her to the show cause hearing on September 23, 2019 for potential surrender. The
Court feels this is necessary due to the facts certified by the Magistrate Judge, which
were not objected to. (Doc. 35). Notably, although she was ordered to do so, Dabrova
has failed to appear at the two previous show cause hearings before the Magistrate
Judge, and at least the second instance was because she was in the Czech Republic and
could not secure flights. In sum, Dabrova has continually violated this Court’s orders.
Accordingly, it is now
ORDERED:
Nonparty Hana Dabrova is directed to bring her passport(s) with her to the show
cause hearing set for September 23, 2019 at 9:30 a.m. Failure to do so may result in
the issuance of sanctions.
DONE and ORDERED in Fort Myers, Florida this 18th day of September, 2019.

Copies: All Parties of Record

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