United States of America v. Perle

Filing 54

ORDER granting 45 the Government's Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 12/1/2022. See attached document for full details. (dw00)

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Case 1:15-cv-21326-JG Document 54 Entered on FLSD Docket 12/01/2022 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 15-21326-CIV-GOODMAN [CONSENT] UNITED STATES OF AMERICA, Plaintiff, v. CERY PERLE, Defendant. __________________________/ ORDER GRANTING THE GOVERNMENT’S MOTION TO COMPEL On December 1, 2022, the Undersigned held an in-person hearing on the Government’s Motion to Compel Beverly Moriarty to Appear and Give Deposition Testimony. [ECF Nos. 45; 53]. After due consideration, it is ORDERED AND ADJUDGED that the Government’s Motion is GRANTED. Beverly Moriarty shall appear for a Zoom deposition on December 12, 2022, at 9:30 AM. The Government shall be responsible for obtaining the services of a court reporter and providing the Zoom login information to all interested parties. Specifically, the Government shall provide the Zoom login information to Ms. Moriarty, Allyn Roque, and Cery Perle. As a party to the lawsuit, Mr. Perle is permitted to attend Ms. Moriarty’s deposition. However, Mr. Perle may not directly or indirectly assist Ms. Moriarty with Case 1:15-cv-21326-JG Document 54 Entered on FLSD Docket 12/01/2022 Page 2 of 2 answering any of the Government’s deposition questions. This includes passing notes, making head movements, giving hand signals, or any other means of relaying a message that either suggests the answer to a question or suggests whether or not the question should be answered. Further, by December 16, 2022, Ms. Moriarty shall pay the Government $2,925.00 for the costs it incurred litigating this motion ($400.00 for airfare, $125.00 for lodging, and $2,400.00 in attorneys’ fees for four hours of work at the rate of $600.00 an hour). The check shall be made payable to the United States Department of Justice. Within three days of making payment, Ms. Moriarty shall submit (i.e., not filed on CM/ECF) to my efile inbox (goodman@flsd.uscourts.gov) a declaration or affidavit confirming that the payment has been made. DONE AND ORDERED in Chambers, at Miami, Florida, on December 1, 2022. Copies furnished to: Counsel of Record 2

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