Ronaldo Designer Jewelry, Inc. v. Prinzo

Filing 119

ORDER granting in part and denying in part 110 Motion for Sanctions Signed by Honorable David C. Bramlette, III on 8/8/2018 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

RONALDO DESIGNER JEWELRY, INC.
v.

PLAINTIFF

CIVIL ACTION NO. 5:14-cv-73-DCB-MTP

PHILLIP PRINZO

DEFENDANT

ORDER
This cause is before the Court on the plaintiff Ronaldo
Designer Jewelry, Inc.’s Motion for Additional Sanctions Against
Defendant (docket entry 110).

The Court has already found the

defendant, Phillip Prinzo, to be in civil contempt until he
purges himself of contempt by producing the records identified in
Exhibit A to the Amended Notice to Take Deposition (docket entry
46-1).

See Judgment and Order of September 11, 2017 (docket

entry 109).
In its present motion, the plaintiff contends that monetary
sanctions and all other sanctions are insufficient, since Prinzo
has failed to produce the requested records.
stringent

sanctions,

up

to

and

including

Ronaldo seeks “more
incarceration

until

[Prinzo] purges himself of contempt.”
On April 23, 2018, the Court ordered the parties to contact
the Court, within 10 days from said date, to set a hearing date
for Ronaldo’s motion.

See docket entry 113.

Prinzo, who is

proceeding pro se, wrote a letter to the Court (docket entry 114)
advising

that

he

has

recently

suffered

a

series

of

health

problems and is unable to appear in person at the hearing.

The

Court then ordered Prinzo to produce Medical Reports from one or
more physicians whom are providing care for him, to assist the
Court in determining the health status of the defendant.

(The

Medical Reports are filed as a restricted document (docket entry
116)).

On July 12, 2018, Ronaldo filed its Response to the

Medical Records (docket entry 118)(also restricted).
Ronaldo states that it “has no desire to imprison a sick
man.

[Prinzo]’s conduct, however, leaves this Court no other

viable option.”

(docket entry 118).

According to Ronaldo,

“[t]he medical records produced by [Prinzo] show no impairment or
condition that would prevent Defendant from producing the ordered
documents, paying the previously ordered monetary sanctions, or
being confined pending production of the ordered documents and
payment of the monetary sanctions.”
The
exception

Court
of

agrees

with

confinement

of

Ronaldo’s

assessment,

Prinzo.

The

Court

with
finds

the
that

incarceration would not likely produce the desired result, and
could even worsen the defendant’s health condition.

Ronaldo is,

however, free to pursue post-judgment discovery requests and/or
additional non-penal sanctions.
Accordingly,
IT IS HEREBY ORDERED that the plaintiff Ronaldo Designer
Jewelry, Inc.’s Motion for Additional Sanctions Against Defendant

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(docket entry 110) is GRANTED IN PART and DENIED IN PART, as set
forth hereinabove.
SO ORDERED, this the 8th day of August, 2018.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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