Williams v. TCGC, LLC et al

Filing 18

ORDER granting #17 Motion to Compel. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 10/26/2016. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JAMES WILLIAMS,
Plaintiff,
v.

Case No: 5:15-cv-282-Oc-32PRL

TCGC, LLC and WALTER VIVEIROS
Defendants.

ORDER
Following Defendants’ default in this case pursuant to the Fair Labor Standards Act, final
judgment was entered on August 3, 2016 in favor of Plaintiff and against Defendant in the amount
of $7,680.00. (Doc. 16). Plaintiff has now filed a post-judgment Motion for Sanctions and to
Compel Deposition (Doc. 17), to which Defendants have failed to respond.
As stated in the motion, Defendant has refused to make payments to satisfy the judgment,
and Plaintiff attempted to take the deposition of Defendant Walter Viveioros, as well as the
corporate representative of Defendant TCGC, LLC with the most knowledge concerning the
finances of the Defendant, pursuant to Fed. R. Civ. P. 30(B)(6). (Doc. 17-1). Plaintiff contends
that, despite sufficient notice, Defendant did not appear. Plaintiff thus requests that the Court
compel Defendant’s attendance at a deposition in regards to the judgment within the next 15 days.
Although Plaintiff’s motion requests that the Court compel the “Defendant’s appearance,” the
Court construes that request to include both Defendant Walter Viveiros and the corporate
representative of TCGC, LLC with the most knowledge concerning the finances of the Defendant,
as set forth in the deposition notice. (Doc. 17-1).

Accordingly, Plaintiff’s motion to compel (Doc. 17) is GRANTED, and Defendants
Walter Viveiros and TCGC, LLC, through its corporate representative, are hereby COMPELLED
to appear at a properly noticed deposition within 15 days of the entry date of this Order. Further,
it appears that Plaintiff is entitled to an award of expenses incurred due to Defendants’ nonappearance at the previously noticed deposition, and the filing of the motion to compel.
Accordingly, Plaintiff may file a motion for sanctions and/or for assessment of reasonable
expenses, supported by evidence. In the interest of efficiency, Plaintiff may submit a single
motion after all expected expenses associated with the instant discovery dispute has concluded.
DONE and ORDERED in Ocala, Florida on October 26, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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