Williams v. R.W. Cannon, Inc. et al

Filing 185

ORDER granting by default 179 Plaintiff's Motion for Order to Show Cause ( Show Cause Response due by 1/19/2010.); granting by default 179 Plaintiff's Motion to Compel. On or before January 19, 2010, each Defendant shall complete, and serve upon Plaintiff's attorney, the required discovery in aid of execution. Signed by Magistrate Judge Andrea M. Simonton on 1/7/2010. (dlt)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60168-CIV-UNGARO/SIMONTON CONSENT CASE JAMES WILLIAMS, Plaintiff, v. R.W. CANNON, INC., et al., Defendants. / ORDER GRANTING BY DEFAULT PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE AND TO COMPEL RE: ORDER GRANTING PLAINTIFF'S MOTION FOR POST-JUDGMENT DISCOVERY Presently pending before the Court is Plaintiff's Motion for Order to Show Cause and to Compel Re: Order Granting Plaintiff's Request For Post-Judgment Discovery (DE # 179). In this motion, Plaintiff states that Defendants have not completed Fla.R.Civ.P. Form 1.977, including all required attachments, and served the completed form on Plaintiff's attorney, as ordered by this Court on October 1, 2009. Plaintiff asks this Court to enter an Order requiring Defendants: 1) to show cause why they should not be held in contempt for failing to comply with this Court's October 1, 2009 Order granting Plaintiff's request for post-judgment discovery and 2) to complete the forms and to serve them on Plaintiff's attorney. Defendants have not responded to the motion and the last day to timely file a response was December 18, 2009. Therefore, pursuant to Local Rule 7.1 C., it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Order to Show Cause and to Compel Re: Order Granting Plaintiff's Request For Post-Judgment Discovery (DE #

179), is GRANTED by default. On or before January 19, 2010, Defendants R.W. Cannon, Inc. and Robert W. Cannon shall 1) file a memorandum of law showing cause w hy they should not be held in contempt for failing to comply with this Court's October 1, 2009 Order granting Plaintiff's request for post-judgment discovery and 2) each complete, under oath, Fla.R.Civ.P. Form 1.977, including all required attachments, and serve it on Plaintiff's attorney. DONE AND ORDERED in chambers in Miami, Florida on January 7, 2010.

ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies furnished via CM/ECF to: All counsel of record