Johnson v. New Destiny Christian Center Church, Inc. et al

Filing 138

ORDER -- The Court's stay--issued April 4, 2017, (Doc. 133)--is LIFTED. On or before Friday, May 12, 2017, Defendants are DIRECTED to pay Plaintiff a contempt fine in the amount $4,600 and immediately provide certification to the Court of the same. See Order for further Details. Signed by Judge Roy B. Dalton, Jr. on 5/8/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION SHIRLEY JN JOHNSON, Plaintiff, v. Case No. 6:15-cv-1698-Orl-37GJK NEW DESTINY CHRISTIAN CENTER CHURCH, INC.; PAULA MICHELLE MINISTIRES, INC.; PAULA MICHELLE WHITE; and RESURRECTION LIFE THC, INC., Defendants. _____________________________________ ORDER In August and November of 2016, U.S. Magistrate Judge Gregory J. Kelly issued two discovery orders compelling Defendants to produce certain information sought by Plaintiff. (Docs. 78, 103 (“Discovery Rulings”).) Citing the confidential nature of such information, Defendants twice appealed the Discovery Rulings—first to the Undersigned to no avail and then to the U.S. Court of Appeals for the Eleventh Circuit via petition for writ of mandamus. (See Docs. 106, 115, 132, 136.) In the interim, the Undersigned: (1) found Defendants in contempt of Court due to their continued non-compliance with the Discovery Rulings; (2) fined Defendants $100 a day beginning March 23, 2017; and (3) stayed this action during the pendency of the mandamus petition. (Docs. 131, 133.) On May 4, 2017, the Eleventh Circuit denied Defendants’ mandamus petition (Doc. 137), and it is now time to pay the piper. -1- To date, Defendants have incurred a $4,600 contempt fine. Defendants must pay this fine to Plaintiff on or before Friday, May 12, 2017. Such fine will continue to accumulate until Defendants produce the information as ordered in the magistrate’s Discovery Rulings. In addition, because Defendants essentially halted this action two-and-half months prior to the close of discovery (see Docs. 106, 107), the Court will issue an amended Case Management and Scheduling Order resetting the deadlines back to that point in time. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Court’s stay—issued April 4, 2017, (Doc. 133)—is LIFTED. 2. The Clerk is DIRECTED to REOPEN this action. 3. On or before Friday, May 12, 2017, Defendants are DIRECTED to pay Plaintiff a contempt fine in the amount $4,600 and immediately provide certification to the Court of the same. 4. Defendants are DIRECTED to immediately produce the information compelled in the Discovery Rulings. Their contempt fine will continue to accumulate until such information is produced. 5. Plaintiff is PROHIBITED from disclosing this information to any person or entity other than expert witnesses or subsequently retained counsel as necessary for the prosecution of this action. Violation of this directive will result in contempt sanctions. 6. The discovery deadline and all subsequent deadlines will be RESET, -2- beginning two-and-a-half months from today. An amended Case Management Scheduling Order will be entered by separate order. DONE AND ORDERED in Chambers in Orlando, Florida, on May 8, 2017. Copies to: Counsel of Record -3-

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