Badon v. Berry's Reliable Resources, LLC et al

Filing 54

ORDER granting as Unopposed 44 Motion for Sanctions. IT IS FURTHER ORDERED that the oral hearing set on October 14, 2020 (today) is CANCELLED. Signed by Magistrate Judge Dana Douglas on 10/14/20. (Reference: All cases)(cg)

Case 2:19-cv-12317-WBV-DMD Document 54 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STACEY BADON

CIVIL ACTION

VERSUS

NO. 19-12317

BERRY’S RELIABLE RESOURCES, L.L.C., ET AL.

SECTION "D" (3)

ORDER
Before the Court is the Motion for Contempt [Doc. #44] filed by plaintiff Stacey Badon.
Defendants have failed to file an opposition to the motion in accordance with the local rules of this
Court, and the oral hearing on the motion is set on October 14, 2020 (tomorrow). On September
10, 2020, this Court granted as unopposed plaintiff’s motion to compel, [Doc. #41], in which this
Court ordered defendants to respond to plaintiff’s discovery requests no later then ten (10) days
from the date of the order. Defendants have failed to comply with the order, and plaintiff now
moves for contempt.
“A party commits contempt when he violates a definite and specific order of the court
requiring him to perform or refrain from performing a particular act or acts with knowledge of the
court’s order.” Jones v. New Orleans Reg'l Physician Hosp. Org., No. CV 17-8817, 2019 WL
7558109, at *1 (E.D. La. Aug. 29, 2019). “[A] party seeking a civil contempt order must establish
by clear and convincing evidence that: (1) a court order was in effect, (2) the order required certain
conduct by the respondent, and (3) the respondent failed to comply with the court’s order.” Id.
“The contemptuous actions need not be willful so long as the contemnor actually failed to comply
with the court’s order.” Id.

Case 2:19-cv-12317-WBV-DMD Document 54 Filed 10/14/20 Page 2 of 2

A court order was clearly in effect, [Doc. #41], and that order required defendants to
respond to plaintiff’s discovery requests. Defendants failed to comply with that order, and this
Court thus finds defendants in contempt of the order of this Court. If a court finds a party in
contempt, it “must order the disobedient party, the attorney advising that party, or both to pay the
reasonable expenses, including attorney's fees, caused by the failure, unless the failure was
substantially justified or other circumstances make an award of expenses unjust.” Fed. R. Civ. P.
37(b)(2)(C). Accordingly, this Court will award plaintiff her fees and costs incurred in the filing
of this motion. This Order thus reserves plaintiff the right to file the appropriate motion with
supporting documentation to recover her costs and fees incurred for this motion no later than
fourteen (14) days from the date of this Order. Accordingly,
IT IS ORDERED that the Motion for Contempt [Doc. #44] is GRANTED AS
UNOPPOSED.
IT IS FURTHER ORDERED that the oral hearing set on October 14, 2020 (today) is
CANCELLED.
New Orleans, Louisiana, this 14th day of October, 2020.

DANA M. DOUGLAS
UNITED STATES MAGISTRATE JUDGE