Cathexis Ventures, LP et al v. mIQroTech, Inc. et al

Filing 177

ORDER: The 176 Emergency Motion for Miscellaneous Relief is DENIED. Signed by Judge Kathryn Kimball Mizelle on 1/28/2025. (KMP)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CATHEXIS VENTURES, LP, et al., Plaintiffs, v. Case No: 8:21-cv-2823-KKM-TGW MIQROTECH, INC., and MEADE LEWIS Defendants. ___________________________________ ORDER “[W]hen considering a motion to terminate a civil contempt order, ‘the district court must make an individualized determination as to whether there exists a realistic possibility that the contemnor will [comply].’ ”Commodity Futures Trading Comm’n v. Wellington Precious Metals, Inc., 950 F.2d 1525, 1530–31 (11th Cir. 1992) (per curiam) (alteration in the original) (quoting In re Grand Jury Proceedings, 877 F.2d 849, 850 (11th Cir. 1989) (per curiam)). ?e contemnor must “prove that no such realistic possibility exists.” Id. at 1530–31 (quoting Simkin v. United States, 715 F.2d 34, 37 (2d Cir. 1983)). Until then, a court may hold the contemnor in custody “[a]s long as the judge is satis?ed that the coercive sanction might yet produce its intended result.” Id. (quoting Simkin, 715 F.2d at 37).1 Defendant Meade Lewis seeks his immediate release from custody. Mot. for Release (Doc. 176). But Lewis has not purged his civil contempt by providing all the ordered discovery, nor has he shown that he cannot comply. Lewis’s motion proves as much. First, Lewis concedes facts that establish he has not purged, representing that his counsel is “in the process of viewing and producing” documents, Mot. for Release ¶ 4, and “will continue to supplement document production to plainti?s[’] counsel,” id. ¶ 5. Lewis also explains additional discovery that he anticipates producing, such as subpoenaed ?nancial records. Id. ¶ 2. ?at the collection and production of the documents requires time does not purge Lewis of the contempt. Production purges the contempt. Second, Lewis began producing the ordered discovery almost as soon as he was held in custody. At the hearing last week, counsel admitted that Lewis ?nally appreciates the gravity of the situation and intends on complying. Until that time, Lewis ignored with impunity multiple court orders spanning nearly a year. I am thus “satis?ed that the coercive sanction might yet produce its intended result.” See Wellington Precious Metals, 950 F.2d Because I have already held Lewis in contempt, (Doc. 148), the defense of “inability”—that Lewis has “in good faith [made] all reasonable e?orts to comply”— no longer governs. Chairs v. Burgess, 143 F.3d 1432, 1437 (11th Cir. 1998). 1 2 at 1530–31 (quoting Simkin, 715 F.2d at 37). As a result, Lewis’s emergency motion is DENIED. ORDERED in Tampa, Florida, on January 28, 2025. 3

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