MAYS v. The Albert M. "Bo" Robinson Assessment & Treatment Center et al

Filing 53

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS for 52 Report and Recommendations. ORDER TO SHOW CAUSE Hearing set for 8/18/2020 11:00 AM before Judge Michael A. Shipp. Mr. Moleins must appear before the Court for an Order to Show Cause heari ng via Zoom Conference. Show Cause written response due by 08/11/2020. Plaintiff must serve a copy of this Order upon Mr. Moleins by 07/24/2020 and must e-file proof of service on Mr. Moleins by 08/04/2020. Signed by Judge Michael A. Shipp on 07/17/2020. (jdb)

Case 3:17-cv-04352-MAS-TJB Document 53 Filed 07/17/20 Page 1 of 3 PageID: 289

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

RYAN MAYS,
Plaintiff,
v.

Civil Action No. 17-4352 (MAS) (TJB)
MEMORANDUM ORDER

THE ALBERT M. “BO” ROBINSON
ASSESSMENT & TREATMENT
CENTER, et al.,
Defendants.

THIS MATTER comes before the Court upon the Report and Recommendation (“R&R”)
of the Honorable Tonianne J. Bongiovanni, U.S.M.J., with regard to non-party William Moleins’s
(“Mr. Moleins”) failure to comply with the Court’s Orders. (R&R, ECF No. 52.) Judge
Bongiovanni certified the following facts in the R&R:
On August 6, 2019, Plaintiff served a subpoena personally
on William Moleins, requiring Mr. Moleins to appear for a
deposition on September 10, 2019. Docket Entry No. 44-1.
After Mr. Moleins failed to appear at his subpoenaed
deposition, Plaintiff wrote the Court requesting an Order
compelling Mr. Moleins’ attendance. Docket Entry No. 43.
On October 1, 2019, the Court entered an Order requiring
Mr. Moleins to appear for a deposition on November 7, 2019
at The Law Offices of Marshall, Dennehey, Warner,
Coleman & Goggin, located at 15000 Midlantic Drive, Suite
200, Mt. Laurel, New Jersey 08054. Docket Entry No. 45.
Plaintiff served a copy of the Court’s Order of October 1,
2019 and served an updated subpoena personally on Mr.
Moleins on October 9, 2019. Docket Entry No. 48-2.
On November 29, 2019, after Mr. Moleins, again, failed to
appear at his scheduled deposition, Plaintiff wrote the Court
requesting that Mr. Moleins be held in contempt and that
attorney fees be imposed against Mr. Moleins in the amount

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of $2,500.00 for counsel’s time, travel and court reporter
expenses. Docket Entry No. 47.
6.

On December 10, 2019, the Court entered a Letter Order to
Show Cause requiring Mr. Moleins to both appear in Court
on January 23, 2020 to show cause why he should not be
held in contempt and ordered to reimburse Plaintiff’s
attorney fees, as well as to submit a written explanation
regarding his failure to appear at his subpoenaed depositions
no later than January 10, 2020. Docket Entry No. 49. In the
Letter Order to Show Cause, the Court directed the Clerk to
send a copy of the Order to Mr. Moleins by both regular mail
and certified mail, return receipt requested. There has been
no indication that Mr. Moleins failed to receive notice of the
Letter Order to Show Cause.

7.

Mr. Moleins failed to submit the required written
explanation and also failed to appear at the Order to Show
Cause [Hearing] held on January 23, 2020.

(R&R 2–3.)
The R&R also set forth the legal standard and ultimately recommended that the Court issue
an Order to Show Cause requiring Mr. Moleins to appear and state why he should not be held in
contempt. (See generally R&R.) The Court, having received no objections pursuant to Local Civil
Rule 72.1(c)(2), having reviewed the R&R and other documents on file in this matter, and for good
cause shown,
IT IS on this

day of July 2020,

ORDERED THAT:
1.

The R&R (ECF No. 52) is hereby ADOPTED.

2.

Mr. Moleins must submit a written response to this Order to Show Cause by August
11, 2020. In his response, Mr. Moleins must show cause as to why he should not
be held in contempt of Court for failing to comply with (1) the subpoena served by
Plaintiff on August 6, 2019; (2) the Court’s Order of October 1, 2019 (ECF No.

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45); and (3) the Court’s Letter Order to Show Cause of December 10, 2019 (ECF
No. 49). Mr. Moleins must also show cause as to why he should not be required to
reimburse Plaintiff’s attorney fees in the amount of $2,500.
3.

Mr. Moleins’s written response to the Order to Show Cause must include contact
information for the Court to schedule a Zoom conference. Failure to provide contact
information may result in the requirement of an in-person court appearance.

4.

Mr. Moleins must appear before the Court for an Order to Show Cause hearing via
Zoom conference on August 18, 2020 at 11:00 a.m.

5.

Plaintiff must serve a copy of this Order upon Mr. Moleins by July 24, 2020 and
must e-file proof of service on Mr. Moleins by August 4, 2020.

MICHAEL A. SHIPP
A HIP
UNITED STATES DISTRICT JUDGE

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