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)

Download PDF
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

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?