Coupel et al
Filing
40
ORDER AND REASONS granting 9 Motion for Contempt. Signed by Judge Susie Morgan. (bwn)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: COUPEL, ET AL.
CIVIL ACTION
No. 16-1070
SECTION “E”
Related Case:
IN RE: COUPEL, ET AL.
CIVIL ACTION
No. 16-1075
SECTION “E”
Applies to: Both Cases
ORDER AND REASONS
This matter came before the Court on July 12, 2016, at 10:00 a.m., for a show cause
hearing on the motions for contempt filed by Appellee, Elie Kfoury, in the abovecaptioned matters.1 After hearing the testimony of the witnesses and receiving evidence,
the Court GRANTED Kfoury’s motions and found the Appellants, Larry L. Coupel and
Natalie A. Coupel, in civil contempt. As stated on the record, the Court hereby imposes
the following civil contempt sanctions against Larry L. Coupel and Natalie A. Coupel:
If the days on which use is denied exceed seven (7), the fine will be increased
to $1,000 per day.
The days on which use is denied need not be consecutive to be counted for
the purpose of increasing the fine imposed.
1
A fine of $100 per day, beginning on July 13, 2016, is imposed for each day
that use of the predial servitude in accordance with the July 20, 2009
judgment is denied.
Any fines incurred pursuant to these sanctions shall be payable to Elie
Kfoury.
No. 16-1070, R. Doc. 7; No. 16-1075, R. Doc. 9.
1
If the days on which use is denied exceed thirty (30), Kfoury may petition
the court for the imposition of criminal contempt sanctions against the
Coupels. If the Court finds the Coupels in criminal contempt, the Court may
impose criminal fines payable to the Court and/or imprisonment. A finding
of intent is necessary to hold a party in criminal contempt of the court. The
Coupels are hereby informed that reliance on the testimony of their
surveyor, Mr. Woodard, will not negate a finding that they intended to
violate the orders of this Court and the orders of the 23rd Judicial District
Court for the Parish of Assumption, State of Louisiana.
The Court also awards attorneys’ fees to Kfoury in connection with his
motions for contempt. Kfoury is directed to file a motion for attorneys’ fees,
referable to the assigned magistrate judge, within 10 days of this date.
IT IS SO ORDERED.
New Orleans, Louisiana, this 12th day of July, 2016.
_____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?