Valbrun v. Abrams et al

Filing 31

ORDER Granting by Default, in part, 26 Plantiff's Second Motion for Sanctions Against Defendant Timothy Reardon For Failure to Appear for Depositions and to Compel Deposition of Defendant Timothy Reardon. Signed by Magistrate Judge Andrea M. Simonton on 3/31/2011. (par)

Valbrun v. Abrams et al

Doc. 31

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61181-CIV-UNGAROISIMONTON DENISE VALBRUN, et al., Plaintiffs,

TIMOTHY REARDON, et at., Defendants.

ORDER GRANTING, IN PART, PLAINTIFF'S SECOND MOTION FOR SANCTIONS AGAINST DEFENDANT TIMOTHY REARDON FOR FAILURE TO APPEAR FOR DEPOSITION AND TO COMPEL DEPOSITION OF DEFENDANT TIMOTHY REARDON Presently pending before the Court i s Plaintiffs Second Motion For Sanctions Against Defendant Timothy Reardon For Failure To Appear For Deposition and To Compel Deposition o f Defendant Timothy Reardon (DE # 26). This motion i s referred to the undersigned Magistrate Judge for disposition (DE # 27). On February 1,201 1, the undersigned entered an Order directing Defendant Timothy Reardon to respond to Plaintiffs Second Motion for Sanctions (DE # 26) within thirty (30) days from the date of that Order.' In that Order, the Court noted that the record was unclear as to whether Mr. Reardon ever received this Court's January 7,2010 Order related to Plaintiffs' First Motion to Compel, whether Plaintiffs ever re- noticed Mr. Reardon's deposition after the Court's January 7, 2010 Order, and whether the address as reflected on the docket remained a good address for Mr. Reardon, since a review of the summons returned i n the case reflected that the address was a work address.

That Order (DE # 29) set out the procedural history o f this matter, and thus it i s not set forth again i n this Order.

Dockets.Justia.com

Therefore, the Court mailed a copy of the February 1, 2011 Order and the Court's January 7,2010 Order to Mr. Reardon at two different addresses, with return receipt requested2 Both mailings have since been returned to the Court as "undeliverable" and "unable to f o r ~ a r d . " One of the mailings also has the word "Refused" written on the ~ envelope. Thus, at very least, Defendant has failed to keep the Court apprised of a valid mailing address for him. In addition, on March 9,2011, Plaintiffs filed a Notice of Defendant's Noncompliance indicating that Defendant Reardon has not made any payments to Plaintiffs and has not contacted Plaintiffs' Counsel nor filed a Response to Plaintiffs' Second Motion for Sanctions (DE # 30). Further, as of the date of this Order, Defendant Reardon still has not responded to the Second Motion for Sanctions despite this Court's directing Defendant to do so within thirty days of the February 1, 2011 Order. Accordingly, pursuant to Rule 7.1 (c) of the Local Rules for the Southern District of Florida, Plaintiffs' Motion is granted by default. However, because it is not clear whether Plaintiffs ever re-noticed Mr. Reardon's deposition as provided for in the Court's January 7, 2010 Order, Plaintiffs' request for sanctions i n the form of expenses, is denied without prejudice at this time. However, if Mr. Reardon does not appear for a deposition re-noticed by Plaintiffs pursuant t o this Order, Plaintiffs are entitled to have Mr. Reardon pay for all reasonable expenses incurred in relation to filing the Second Motion for Sanction and to Compel Deposition.

On February 2, 2011, the Court mailed a copy of the Orders to Mr. Reardon at 7751 W. Broward Blvd., Plantation, FL 33317 and 2627 South Bayshore Drive, Miami, FI 33133. Copies of the returned envelopes are attached to this Order.

Therefore, it i s hereby ORDERED AND ADJUDGED that Plaintiffs Second Motion For Sanctions Against Defendant Timothy Reardon For Failure To Appear For Deposition and To Compel Deposition o f Defendant Timothy Reardon (DE # 26) is GRANTED, i n part, by Default. Defendant Timothy Reardon i s hereby ordered to appear for a deposition i n aid of execution to be properly noticed by Plaintiffs within thirty days from the date of this Order.
It i s further

ORDERED AND ADJUDGED Plaintiffs request for sanctions i s DENIED, without prejudice to renew if Mr. Reardon fails to appear at the re-noticed deposition. DONE AND ORDERED i n chambers i n Miami, Florida on March 31,2011.

ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies furnished via CMlECF to: The Honorable Ursula Ungaro, United States District Judge All counsel of record Via U.S. Mail to: Timothy Reardon 7751 W. Broward Boulevard Plantation, FL 33317 Timothy Reardon 2627 South Bay Shore Drive, Suite 2506 Miami, FL 33133

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
OFFICE OF THE CLERK ROO
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