Collage Design & Construction Group, Inc. v. RNB Construction, Inc. et al

Filing 41

ORDER granting in part and denying in part 40 Motion to Compel. Defendants are ORDERED TO SHOW CAUSE as to why sanctions should not be imposed for failing to comply with the Court's April 25, 2023 Order. The Court will set a Show Cause Hearing for June 14, 2023, at 9:30 AM in Courtroom 4C, U.S. Courthouse, 401 W. Central Boulevard, Orlando, Florida. A separate notice of hearing will issue. Signed by Magistrate Judge Embry J. Kidd on 5/19/2023. (AS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
COLLAGE DESIGN &
CONSTRUCTION GROUP, INC.,
Plaintiff,
v.

Case No: 6:21-cv-1572-ACC-EJK

RNB CONSTRUCTION, INC. and
RAZVAN PUHA,
Defendants.
ORDER
This cause comes before the Court on Plaintiff’s Renewed Motion to Compel
Defendants to Appear for Deposition and Respond to Discovery Requests in Aid of
Execution and for Sanctions Following Discovery Order (the “Motion”), filed May
16, 2023. (Doc. 40.) Accordingly, the Motion is due to be granted in part.
On April 19, 2023, Plaintiff filed a Motion to Compel (Doc. 38), which the
Court granted on April 25, 2023. (Doc. 39.) The Court warned Defendants that
“failure to appear for the deposition or to produce the requested documents may result
in sanctions.” (Id.) On April 26, 2023, Plaintiff served Defendants with requests for
production and a notice of deposition for May 10, 2023. (Doc. 40-1.) Defendants failed
to appear for the deposition and failed to produce the requested documents. (Doc. 403.) Plaintiff thereafter filed the instant Motion requesting that the Court find
Defendant’s noncompliance as contempt of court, compel Defendants to appear at a

deposition, and compel Defendants to produce the documents requested on or before
June 15, 2023. (Doc. 40.)
Accordingly, it is hereby ORDERED as follows:
1. Defendants are ORDERED TO SHOW CAUSE as to why sanctions
should not be imposed for failing to comply with the Court’s April 25, 2023,
Order. (Doc. 39.) The Court will set a Show Cause Hearing for June 14,
2023, at 9:30 AM in Courtroom 4C, U.S. Courthouse, 401 W. Central
Boulevard, Orlando, Florida. A separate notice of hearing will issue.
Defendants are cautioned that failure to appear in-person at the hearing
will result in the imposition of sanctions without further notice and may
result in a recommendation that the Court enter a default against them.
2. The Motion (Doc. 40) is otherwise DENIED, as the Court has already
ordered Defendants to sit for a deposition and produce documents, which
they failed to do.
DONE and ORDERED in Orlando, Florida on May 17, 2023.

-2-