Trout Point Lodge, Limited et al v. Handshoe

Filing 106

SUPPLEMENTAL ORDER to 97 Order on Motion for Sanctions. Signed by Chief District Judge Louis Guirola, Jr on 10/26/17 (Whitsitt, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
TROUT POINT LODGE, LIMITED,
a Nova Scotia Limited Company,
VAUGHN PERRET, and CHARLES LEARY
v.

PLAINTIFFS
CAUSE NO. 1:12CV90-LG-JMR

DOUG K. HANDSHOE

DEFENDANT

SUPPLEMENTAL ORDER GRANTING
MOTION FOR SANCTIONS
THIS MATTER came before the Court for consideration of sanctions against
the individual plaintiffs, Vaughn Perret and Charles Leary, at a show cause hearing
conducted on this date. The procedural history of this case set out in the Court’s
original Order Granting In Part And Denying In Part Motion For Sanctions, ECF
No. 97, is incorporated herein. Counsel for the defendant was present at the
hearing and argued for sanctions against Perret and Leary. The Court finds that
notice of the hearing was provided to Perret and Leary, but neither appeared as
ordered. (See Order, ECF No. 89). Accordingly, Perret and Leary are in contempt
of Court. Sanctions against Perret and Leary shall be imposed in the same amount
and for the same reasons as those imposed against Trout Point Lodge, Ltd., in the
Court’s Order Granting In Part And Denying In Part Motion For Sanctions (ECF
No. 97) as follows.
An appropriate sanction for Perret and Leary’s civil contempt is a per diem
fine of $100 each, effective immediately and remaining effective until the Court’s

Orders are complied with.1 The Court is also of the opinion that Perret and Leary
must pay reasonable expenses and attorney’s fees to Handshoe for the expenses and
fees Handshoe has incurred in attempting to obtain judgment debtor discovery from
them.
IT IS THEREFORE ORDERED AND ADJUDGED that the Court’s [97]
Order Granting In Part And Denying In Part Motion For Sanctions, is hereby
SUPPLEMENTED to order Vaughn Perret and Charles Leary, severally, to pay
$100/day to Handshoe, until such time as Vaughn Perret and/or Charles Leary
purge themselves of contempt by complying with the Court’s Orders. Plaintiffs
Vaughn Perret and Charles Leary are also ordered to pay Handshoe his reasonable
expenses and attorney’s fees in an amount to be determined by the Court.
IT IS FURTHER ORDERED AND ADJUDGED that Defendant Handshoe
should submit proof of his expenses and attorney’s fees to the Court within fourteen
(14) days of this Order so that the Court may determine the appropriate amount to
be paid by the plaintiffs. Defendant Handshoe should submit such proof via an
Amended Motion for Sanctions limited solely to this issue.
SO ORDERED AND ADJUDGED this the 26th day of October, 2017.
s\

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief U.S. District Judge

1

Perret and/or Leary can do so by contacting Handshoe’s counsel to arrange a
time to submit to a judgment debtor examination or, alternatively, by satisfying the
judgment against it, including any amounts incurred as discussed herein.
2