BLANCO GmbH + Co. KG v. Vlanco Industries, LLC et al

Filing 424

ORDER ADOPTING 422 Report and Recommendations on Plaintiff's Motion for Civil and Criminal Contempt Against Defendant Vito Antonio Laera, and GRANTING IN PART AND DENYING IN PART 421 Plaintiff BLANCO GmbH + Co. KG's Motion for Civil and Criminal Contempt to Enforce this Court's Orders Against Vito Antonio Laera. Signed by Judge Joan A. Lenard on 2/16/2022. See attached document for full details. (gie)

Case 0:12-cv-61580-JAL Document 424 Entered on FLSD Docket 02/16/2022 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-61580-CIV-LENARD/GOODMAN
BLANCO GMBH + CO. KG,
Plaintiff,
v.
VLANCO INDUSTRIES, LLC, et al.,
Defendant.
______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION ON PLAINTIFF’S
MOTION FOR CIVIL AND CRIMINAL CONTEMPT AGAINST DEFENDANT
VITO ANTONIO LAERA (D.E. 422)
THIS CAUSE is before the Court on the Report and Recommendation of
Magistrate Judge Jonathan Goodman issued January 19, 2022, (“Report,” D.E. 422),
recommending that the Court grant in part Plaintiff BLANCO GmbH + Co. KG’s Motion
for Civil and Criminal Contempt Against Defendant Vito Antonio Laera, (D.E. 421).
Specifically, Judge Goodman found that Laera is in contempt of court for violating a valid
and lawful, clear and unambiguous court order requiring him to file a Notification of
Change of Address, and that “Laera’s history of noncompliance justifies the use of coercive
incarceration.”

(Report at 11.)

Judge Goodman recommends ordering coercive

incarceration “to hopefully compel Laera’s compliance with the Court’s Order.” (Id. at
12.) However, Judge Goodman found that “Plaintiff has failed to establish good cause for
criminal contempt for this behavior[,]” (id.), and recommends denying the Motion to the
extent it seeks an order appointing a Government attorney to prosecute Laera for criminal

Case 0:12-cv-61580-JAL Document 424 Entered on FLSD Docket 02/16/2022 Page 2 of 3

contempt, (id. at 13). Judge Goodman further recommends denying without prejudice
Plaintiff’s request for attorneys’ fees because Plaintiff did not attach billing records to the
Motion, and did not include any law or argument as to entitlement to fees. (Id.)
The Report provides the Parties with fourteen (14) days to file objections. As of the
date of this Order, no objections have been filed. Failure to file objections shall bar parties
from attacking on appeal the factual findings contained in the report. See Resolution Trust
Corp. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Therefore, after
an independent review of the Report and record, it is hereby ORDERED AND
ADJUDGED that:
1.

The Report and Recommendation on Plaintiff’s Motion for Civil and
Criminal Contempt Against Defendant Vito Antonio Laera (D.E. 422) is
ADOPTED;

2.

Plaintiff’s Motion for Civil and Criminal Contempt to Enforce this Court’s
Orders Against Defendant Vito Antonio Laera (D.E. 421) is GRANTED IN
PART AND DENIED IN PART consistent with Judge Goodman’s Report
and this Order;

3.

Defendant Vito Antonio Laera shall have FOURTEEN DAYS from the date
of this Order to file a Notification of Change of Address with the Court by
mailing it to Judge Goodman’s chambers pursuant to the filing restrictions
imposed by the Court’s Omnibus Order of June 1, 2015, (D.E. 389).
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN

2

Case 0:12-cv-61580-JAL Document 424 Entered on FLSD Docket 02/16/2022 Page 3 of 3

LAERA’S INCARCERATION UNTIL HE PURGES HIMSELF OF
THE CONTEMPT.
4.

Plaintiff’s request for the appointment of a Government attorney to prosecute
Laera for criminal contempt is DENIED;

5.

Plaintiff’s request for attorneys’ fees and costs is DENIED WITHOUT
PREJUDICE.

6.

The Clerk shall mail a copy of this Order to Laera’s address of record:
230 South Tryon
Suite 708
Charlotte, NC 28202

7.

The Clerk shall also mail a copy of this Order to the return address in Cuba
Laera has been using, even though his last filing was apparently mailed from
the Federal Express location inside the Fontainebleu Hotel in Miami Beach
on January 28, 2022, (see D.E. 423 at 13), and the filing before that was
mailed from the Federal Express location inside Hostel Brazilian in Miami
on January 18, 2021, (see D.E. 419 at 7):
Calle 2da #15 interior
Entre Estrada Palma y Central
Mambi, Guanabacoa, Habana, Cuba

DONE AND ORDERED in Chambers at Miami, Florida this 16th day of February,
2022.

____________________________________
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE
3