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)

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-