Norton v. Esurance Property and Casualty Company

Filing 37

ORDER GRANTING DEFENDANTS MOTION FOR ORDER TO SHOW CAUSE AND REQUIRING GARRICK PHILILPS AND JOHN CRIMES TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT OF COURT [#36] AND SETTING HEARING Show Cause Response due by 3/9/2017 Hearing set for 3/20/2017 03:30 PM before District Judge Gershwin A. Drain. Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MIYAH NORTON,
Plaintiff,
Case No.: 16-10279
Honorable Gershwin A. Drain

v.

ESURANCE INSURANCE
COMPANY,
Defendant.
___________________________/
ORDER GRANTING DEFENDANT’S MOTION FOR ORDER TO SHOW
CAUSE AND REQUIRING GARRICK PHILILPS AND JOHN CRIMES TO
SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT OF
COURT [#36] AND SETTING HEARING
Plaintiff filed the instant breach of insurance contract action on January 5,
2016.

Defendant timely removed the action to this Court. Presently before the

Court is Defendant’s Motion for Order to Show Cause Why Garrick Phillips and
John Crimes Should Not Be Held in Contempt of Court for Failure to Comply with
Subpoenas for Deposition, filed on February 14, 2017. For the reasons that follow,
the Court will grant Defendant’s present motion.
Plaintiff was allegedly injured in a motor vehicle accident while traveling in

a car owned and operated by LaTisha Crimes. Plaintiff maintains that she suffered
numerous injuries and seeks insurance benefits for household chore services, home
care services, transportation costs, and outstanding medical care costs. Plaintiff
claims Garrick Phillips and John Crimes have been providing attendant care and
replacement services and has submitted household service reports to Defendant.
After attempting on two occasions to conduct the deposition of Mr. Phillips,
the parties stipulated to an order compelling Mr. Phillips to attend his deposition
on August 5, 2016. Defendant also noticed the deposition of Mr. Crimes for
August 5, 2016. However, neither Mr. Phillips nor Mr. Crimes appeared for their
August 5, 2016 deposition. Thereafter, Defendant attempted to reschedule their
depositions, but received no response from Plaintiff’s counsel. Mr. Crimes and
Mr. Phillips failed to attend a November 15, 2016 noticed deposition, nor did they
appear for a December 5, 2016 noticed deposition. Defendant complains that it
will be unduly prejudiced if it cannot depose Mr. Phillips and Mr. Crimes.
A subpoena issued by this Court is an order of the Court. See Fed. R. Civ. P.
45(a)(3). This Court “may hold in contempt a deponent, who, having been served,
fails without adequate excuse to obey the subpoena.” Fed. R. Civ. P. 45(e). Based
on the foregoing considerations, IT IS HEREBY ORDERED that Garrick Phillips

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and John Crimes, SHOW CAUSE IN WRITING, no later than March 9, 2017, why
they should not be held in contempt of court for their failure to appear for their
scheduled depositions.
IT IS FURTHER ORDERED that a hearing on this matter will be held on
Monday, March 20, 2017 at 3:30 p.m. Mr. Phillips and Mr. Crimes are required to
attend the March 20, 2017 hearing.

Mr. Phillips and Mr. Crimes will be held in

contempt of Court should they fail to respond in writing to the instant Order, as
well as if they fail to attend the March 20, 2017 hearing.
IT IS FURTHER ORDERED that Defendant’s counsel serve Mr. Phillips
and Mr. Crimes with a copy of the instant Order no later than February 27, 2017.
Proof of service shall be filed forthwith.
SO ORDERED.
Dated: February 23, 2017

/s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
February 23, 2017, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk 

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