Brooks et al v. Illusions, Inc et al

Filing 40

ORDER granting 31 Motion for Contempt. Defendants are fined $100.00 per day, to be paid daily into the registry of the Court until such time that they are in full compliance with the Court's Order 23 . Plaintiffs are awarded reasonable attorney's fees in connection with their efforts to enforce the Court's Order 23 . Signed by District Judge Keith Starrett on 2/14/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ASHLEY BROOKS, et al.
v.

PLAINTIFFS
CIVIL ACTION NO. 5:16-CV-31-KS-MTP

ILLUSIONS, INC., et al.

DEFENDANTS
ORDER

This matter is before the Court on Plaintiffs’ Motion to Enforce Order and for Civil
Contempt (“Motion for Contempt”) [31]. Plaintiffs assert that Defendants Illusions, Inc., and
Thomas Walsh (collectively “Defendants”) are in contempt of the Court’s previous Order [23]
issued on November 16, 2016, which required Defendants to “provide to Plaintiff, in usable
electronic form, the names, addresses, email addresses, social media handles/identifiers, and phone
numbers of all members of the prospective class” within ten (10) days from the date of that order.
(Order [23] at p. 5.) In their two-page Response [36] to the Motion for Contempt [31], Defendants
summarily state that they have turned over all of the information in their records, a statement belied
by Defendants’ own counsel during a phone conference with the Magistrate. (See Attorney
Affidavit [31-3] at ¶ 10.) Counsel for Defendants represented during that conference that his
clients had the information required by the Order [23] but did not wish to turn it over because of
privacy concerns. (See id.)
“In a civil contempt proceeding, the party seeking an order of contempt need only establish
(1) that a court order was in effect, and (2) that the order required certain conduct by the
respondent, and (3) that the respondent failed to comply with the court’s order.” F.D.I.C. v.
LeGrand, 43 F.3d 163, 170 (5th Cir. 1995) (citing Martin v. Trinity Indus., Inc., 959 F.2d 45, 47
(5th Cir. 1992)). Plaintiffs have established these elements, and the Court finds that Defendants

should be held in civil contempt. The Motion for Contempt [31] will be granted. Defendants will
be fined $100 per day, to be paid daily into the registry of the Court until they comply with the
Court’s Order [23]. Defendants also will be required to pay Plaintiffs’ reasonable attorney’s fees
in connection to their efforts to enforce the Court’s Order [23].
IT IS THEREFORE ORDERED AND ADJUDGED that the Motion for Contempt [31] is
granted. Defendants are fined $100 per day, to be paid daily into the registry of the Court until
such time that they are in full compliance with the Court’s Order [23]. Plaintiffs are awarded
reasonable attorney’s fees in connection to their efforts to enforce the Court’s Order [23].
SO ORDERED AND ADJUDGED on this the 14th

day of February, 2017.

s/Keith Starrett_________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE

2