BMO Harris Bank, N.A., a national banking association v. Zoccoli et al

Filing 72

CORRECTED ORDER GRANTING IN PART 62 MOTION for Contempt, AND FINDING THAT PLAINTIFFS ACCOUNTING OF EXPENSES IS REASONABLE re 61 Affidavit. Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BMO Harris Bank, N.A., a national
banking association,
Plaintiff,
v.
Harry Zoccoli et al,

Case No. 18-11954
Judith E. Levy
United States District Judge
Mona K. Majzoub
Magistrate Judge

Defendants.
________________________________/
CORRECTED1 ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR CONTEMPT [62] AND FINDING THAT
PLAINTIFF’S ACCOUNTING OF EXPENSES IS REASONABLE
[61]
On April 15, 2021, the Court held, through audio-visual technology,
a hearing on Plaintiff BMO Harris Bank N.A.’s motion for an order
finding Defendant Harry Zoccoli, III in contempt of court and ordering a
list of sanctions including fines and incarceration. (ECF No. 62.) Despite
notice on the docket and personal service effectuated two weeks prior to
the hearing, Defendant did not attend.

1

Amended to correct a typographical error.

For the reasons set forth on the record, the Court GRANTS IN
PART Plaintiff’s motion to hold Defendant in contempt. The Court holds
Defendant in contempt pursuant to Federal Rule of Civil Procedure
37(b)(2)(vii) and (d)(3). Consequently, the Court ORDERS the United
States Marshall to serve upon Defendant the subpoena that Plaintiff will
submit shortly and that the Court shall approve.
Also for the reasons set forth on the record, the Court finds that
Plaintiff’s April 2020 affidavit represents a reasonable accounting of
expenses incurred in pursuing its claim. Accordingly, pursuant to the
Court’s prior Order finding payment of such expenses to be an
appropriate sanction under Fed. R. Civ. P. 37(a)(5)(A), the Court
ORDERS Defendant to reimburse Plaintiff in the amount of $1,237.50.
IT IS SO ORDERED.
Dated: April 30, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on April 30, 2021.
2

s/William J. Barkholz
WILLIAM J. BARKHOLZ
Case Manager

3