Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1359

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' request for the sanction of default judgment is HELD IN ABEYANCE. IT IS FURTHER ORDERED that Brent Cassity shall produce to Plaintiffs, within ten (10) days of entry of this Order, a ll personal banking statements, credit card statements, and financial statements pertaining to his financial status for the period between July 1, 2011 to present, as ordered by the Court. This production shall include documents pertaining to any financial interest, separately held, or jointly held with any individual or entity. Failure to produce the documents as ordered likely will result in an order holding Brent Cassity in contempt of court. Signed by District Judge E. Richard Webber on Decemer 20, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER

This matter comes before the Court on “Plaintiffs’ Motion to Enforce Court Order
Requiring Production of Personal Financial Information by Brent Cassity” [ECF No. 1336].
On September 18, 2013, this Court issued an Order, which, among other things, required
Brent Cassity to produce to Plaintiffs “all personal banking statements, credit card statements,
and financial statements pertaining to the financial status of said individual[], for the period
between July 1, 2011 to present [ECF No. 1279 at 11-12].

Two weeks after this Court issued

the Order, Brent Cassity sent Plaintiffs’ counsel an email stating: “I do not have any bank
accounts or credit cards that are not joint accounts with my wife” [ECF NO. 1336-1 at 2]. Since
this communication, Brent Cassity has not contacted Plaintiffs’ counsel or indicated any intent to
produce documents, and in his Response, he insists he has complied with the Court’s Order by
informing Plaintiffs he has no “personal accounts” [ECF No. 1348].
In their Reply, Plaintiffs contend Brent Cassity’s “repeated discovery violations and

continued refusal to obey court orders warrants the sanction of default judgment against him and
the waiver of any personal privileges Cassity may have as to pre-receivership documents within
his possession, custody, or control.” [ECF No. 1354]. Plaintiffs ask the Court to set a five-day
deadline for Brent Cassity “to produce all personal banking statements, credit card statements,
and financial statements pertaining to his financial status for the period between July 1, 2011 to
present, as ordered by the Court[,]” and request the Court to hold Brent Cassity in contempt until
such documents are produced.
The Court will hold in abeyance Plaintiffs’ request for the sanction of default judgment,
but will direct Brent Cassity to produce to Plaintiffs, within ten (10) days of entry of this Order,
all personal banking statements, credit card statements, and financial statements pertaining to his
financial status for the period between July 1, 2011 to present, as ordered by the Court. This
production shall include documents pertaining to any financial interest, separately held, or jointly
held with any individual or entity.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ request for the sanction of default judgment
is HELD IN ABEYANCE.
IT IS FURTHER ORDERED that Brent Cassity shall produce to Plaintiffs, within ten
(10) days of entry of this Order, all personal banking statements, credit card statements, and
financial statements pertaining to his financial status for the period between July 1, 2011 to
present, as ordered by the Court. This production shall include documents pertaining to any
financial interest, separately held, or jointly held with any individual or entity. Failure to produce
the documents as ordered likely will result in an order holding Brent Cassity in contempt of
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court.
Dated this 20th

day of December, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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