Abdullatif Jameel Hospital v. Integrity Life Sciences, LLC

Filing 72

ORDER granting 63 Plaintiff's Motion for Contempt and Request for Attorneys' Fees and Costs. Signed by Magistrate Judge Julie S. Sneed on 5/4/2017. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ABDULLATIF JAMEEL HOSPITAL,
Plaintiff,
v.

Case No: 8:15-cv-2160-T-35JSS

INTEGRITY LIFE SCIENCES, LLC,
Defendant.
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ORDER ON PLAINTIFF’S MOTION FOR CONTEMPT
AND REQUEST FOR ATTORNEYS’ FEES AND COSTS
THIS MATTER is before the Court on Plaintiff’s Motion for Contempt and Request for
Attorneys’ Fees and Costs (“Motion”).

(Dkt. 63.)

Previously, Plaintiff moved to compel

Defendant’s responses to Plaintiff’s request for production in aid of execution because Defendant
failed to respond to Plaintiff’s request for production. (Dkt. 54.) On February 7, 2017, the Court
granted Plaintiff’s motion to compel in part as to Plaintiff’s request that Defendant’s responses be
compelled, but denied Plaintiff’s request for an award of attorney’s fees and costs (“Compel
Order”). (Dkt. 58.)
About a week after entry of the Compel Order, on February 16, 2017, the Court granted
Defendant’s counsel’s motion to withdraw as counsel and ordered Defendant to obtain
replacement counsel within thirty days. (Dkt. 62.) Therefore, Defendant was required to obtain
replacement counsel by March 20, 2017. A review of the docket shows that no notice of
appearance of Defendant’s replacement counsel has been filed with the Court.
Plaintiff filed the Motion on March 30, 2017. In the Motion, Plaintiff states that Defendant
has failed to comply with the Compel Order as it has not responded to Plaintiff’s request for

production. (Dkt. 63 ¶ 5.) Therefore, Plaintiff requests an order granting the Motion and awarding
Plaintiff its attorneys’ fees and costs incurred in bringing the Motion. (Dkt. 63 at 2.)
Pursuant to Federal Rule of Civil Procedure 37(b)(2)(C), if a party “fails to obey an order
to provide or permit discovery,” “the court must order the disobedient party, the attorney advising
that party, or both to pay the reasonable expenses, including attorney’s fees, caused by the failure,
unless the failure was substantially justified or other circumstances make an award of expenses
unjust.” Fed. R. Civ. P. 37(b)(2)(C); See Phipps v. Blakeney, 8 F.3d 788, 790 (11th Cir. 1993)
(citing Rule 37(b)(2)(C) and explaining that the “district court has broad discretion to control
discovery,” including “the ability to impose sanctions on uncooperative litigants”). At the time
the Motion was filed, Defendant’s time for obtaining replacement counsel had elapsed. Therefore,
Defendant’s failure to comply with the Contempt Order was not substantially justified because
Defendant lacked counsel. Further, Defendant failed to respond to the Motion despite, sua sponte,
being granted an extension to do so. (Dkt. 65.) As such, Defendant’s failure to comply with the
Contempt Order was not substantially justified, nor are there other circumstances making an award
of Plaintiff’s reasonable expenses, including attorney’s fees, unjust. Accordingly it is
ORDERED that Plaintiff’s Motion for Contempt and Request for Attorneys’ Fees and
Costs (Dkt. 63) is GRANTED. Within fourteen (14) days of this Order, Plaintiff shall file an
affidavit regarding the amounts requested as “reasonable expenses, including attorney’s fees,
caused by [Defendant’s] failure.” Fed. R. Civ. P. 37(b)(2)(C).
DONE and ORDERED in Tampa, Florida, on May 4, 2017.

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Copies furnished to:
Counsel of Record
Any Unrepresented Party

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