The Provident Bank v. Marsan

Filing 74

ORDER granting 72 Plaintiff's Motion for Order to Show Cause. Show Cause Hearing is set for 12/3/2020 10:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 11/2/2020. See attached document for full details. (age)

Case 1:10-cv-21905-DPG Document 74 Entered on FLSD Docket 11/02/2020 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Case Number: 10-21905-CIV-GAYLES/LOUIS
PROVIDENT BANK,
Plaintiff,
v.
ROGERIO MARSAN,
Defendant.
/
ORDER
THIS CAUSE comes before the Court on Plaintiff Provident Bank’s Motion for
Sanctions and Order to Show Cause (ECF No. 72). The Motion was referred to the undersigned
United States Magistrate Judge by the Honorable Darrin P. Gayles, United States District Judge
(ECF No. 73).
This dispute arises out of Defendant Rogerio Marsan’s default of an installment loan and
preferred mortgage owned and held by Plaintiff (ECF No. 13). Final Summary Judgment was
entered in favor of Plaintiff on March 23, 2011, in the amount of $113,173.78, plus accruing
interest (ECF No. 17). On December 23, 2019, Plaintiff propounded a Request for Production
upon Defendant in aide of execution, to which Defendant failed to respond. On February 13,
2020, Plaintiff filed a Motion to Compel Responses to Discovery in Aid of Execution (ECF No.
66). The Court granted this motion, holding that “responses to Plaintiff’s Third Request For
Production In Aid of Execution shall be served upon Plaintiff's counsel by no later than April 3,
2020” (ECF No. 70). The Order warned that “[f]ailure to comply with this Order may result in
the imposition of sanctions, including but not limited to an award of expenses incurred as a result
of Defendant's violation of this Order” (id.).
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Case 1:10-cv-21905-DPG Document 74 Entered on FLSD Docket 11/02/2020 Page 2 of 3

In this current Motion, Plaintiff again avers that Defendant has failed to respond to its
outstanding discovery request, despite the Court’s Order compelling a response. Plaintiff seeks
attorney’s fees of $400.00 as sanctions, as well as an entry of an Order to Show Cause.
Defendant has not responded to the Motion, and the time to do so has long passed. Marsan has
failed to comply with this Court’s order and has failed to satisfy the judgment against him.
Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiff’s request for an
entry on an Order to Show Cause (ECF No. 72) is GRANTED. Rogerio Marsan shall personally
appear on December 3, 2020, at 10:00 AM, before the undersigned United States Magistrate
Judge at the United States Courthouse, C. Clyde Atkins Building, 301 North Miami Avenue,
11th Floor, Miami, Florida, 33128, to show cause why he should not be held in contempt of
Court for failing to provide discovery responses by April 3, 2020, as ordered by this Court; and
why he should not be ordered to pay $400 to Plaintiff as a sanction for his failure to timely
comply.
Marsan is cautioned to retain counsel before the hearing, which has been set so that he
may show cause why he should not be held in contempt and subjected to sanctions, which could
include daily coercive fines until he purges himself of that contempt.
Marsan must be prepared to testify regarding why he should not be held in contempt of
Court. Marsan and his counsel are instructed to review the procedures posted on the Southern
District of Florida’s website for guidance relating to the Court’s COVID-19 procedures and
response. Failure to appear at this hearing may result in issuance of a warrant for Marsan’s
arrest and incarceration until he complies with this Court’s Order.
It is furthered ORDERED that Plaintiff shall serve a copy of this Order on Marsan and
file a Notice of Satisfaction of Service by no later than November 16, 2020. Personal service on

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Case 1:10-cv-21905-DPG Document 74 Entered on FLSD Docket 11/02/2020 Page 3 of 3

Marsan is required; substitute service of this Order will not suffice.
DONE and ORDERED in Chambers at Miami, Florida this 2nd day of November, 2020.

________________________________
LAUREN LOUIS
UNITED STATES MAGISTRATE JUDGE

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