Ramgoolie v. Ramgoolie et al

Filing 254

ORDER: granting 199 Motion Finding of Civil Contempt Against Defendant. IT IS HEREBY ORDERED that Defendant is held in civil contempt for failing to comply with the Court's order (Dkt. 149) and Judge Netburn's award (Dkt. 189) to pay Plaintiff reasonable attorneys' fees and costs. Defendant must pay $13,212.32, plus interest at the federal interest rate, see 28 U.S.C. § 1961, no later than May 16, 2020. IT IS FURTHER ORDERED that Defendant must pay reasonable attor neys' fees and costs that Plaintiff's counsel incurred in bringing the contempt motion. Plaintiff may make a motion for an award of attorneys' fees and costs no later than May 16, 2020. IT IS FURTHER ORDERED that, if full payment has n ot been made by May 16, 2020, Plaintiff must move by way of an Order to Show Cause why Defendant should not be jailed or otherwise subject to increasing financial penalties until he complies with this Order, see Hutto v. Finney, 437 U.S. 678, 690 (19 78) ("Civil contempt proceedings may yield a conditional jail term or fine."); see also Waterkeeper All. Inc. v. Spirit of Utah Wilderness, Inc., No. 10-CV-1136, 2020 WL 377951, at *4 (S.D.N.Y. Jan. 22, 2020) ("[A] court may... utilize all sanctions at itsdisposal which are reasonably likely to coerce the contemnor of not only the need for compliance but to achieve full compliance." (citation omitted));The Clerk of Court is respectfully directed to close the open motion on docket entry 199. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/16/2020) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------ X
JENNY RAMGOOLIE,
:
:
Plaintiff,
:
:
-against:
:
ANDY RAMGOOLIE,
:
:
Defendant. :
------------------------------------------------------------ X
VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/16/2020

16-CV-3345 (VEC)(SN)
ORDER

WHEREAS on May 19, 2016, the Court referred this case to Magistrate Judge Netburn
for general pretrial and dispositive motions (Dkt. 3);
WHEREAS on September 6, 2018, the Court adopted Judge Netburn’s Report and
Recommendation with minimal modification, denying the parties’ cross-motions for summary
judgment, granting Plaintiff’s motion for sanctions, and ordering Defendant to pay “the
reasonable attorney’s fees and costs that Plaintiff incurred in connection with her motion to
compel and motion for sanctions” (Dkts. 139, 149);
WHEREAS on April 5, 2019, Judge Netburn awarded Plaintiff attorneys’ fees and costs
in the total amount of $18,712.32 (Dkt. 189);
WHEREAS in May 2019 Defendant made two payments to Plaintiff totaling $5,500
(Dkts. 201, 210);
WHEREAS on July 1, 2019, Plaintiff moved for a finding of civil contempt against
Defendant for failure to pay the remaining unpaid portion ($13,212.32) of the award (Dkt. 199);
WHEREAS on July 31, 2019, Defendant opposed the motion, arguing that he is unable to
pay the remaining portion of the award (Dkts. 210–11);

Page 1 of 3

WHEREAS on August 20, 2019, the Court cancelled the referral to Judge Netburn for
reports and recommendations as to Plaintiff’s motion for discovery sanctions (Dkt. 215);
WHEREAS on September 10, 2019, the Court granted Plaintiff’s motion for sanctions
and entered default judgment against Defendant (Dkt. 216);
WHEREAS on September 10, 2019, the Court entered an Amended Order of Reference
to Judge Netburn for specific non-dispositive motions/disputes, including Plaintiff’s motion for a
finding of civil contempt (Dkt. 217);
WHEREAS on February 13, 2020, Judge Netburn authorized Defendant to submit
evidence of his financial status in camera in support of his argument that he is unable to pay the
remainder of the attorneys’ fees award (Dkt. 239);
WHEREAS on February 25, 2020, Judge Netburn ordered Defendant to file his in
camera submission on the public docket with limited redactions (Dkt. 240);
WHEREAS on February 25, 2020, Judge Netburn entered a Certification of Facts,
Conclusions of Law, and Proposed Remedy pursuant to 28 U.S.C. § 636(e)(6)(B)(iii)
recommending that the Court hold Defendant in civil contempt and order Defendant to pay the
remainder of the award, interest at the federal interest rate, and attorneys’ fees and costs incurred
in bringing the contempt motion (Dkt. 241);
WHEREAS on March 12, 2020, the Court ordered Defendant to notify the Court no later
than March 13, 2020, if he wished to have a hearing on the issue of his ability to pay the
remainder of the award (Dkt. 253);
WHEREAS as of March 16, 2020, Defendant has not requested a hearing;
WHEREAS the Court has conducted a de novo review of the parties’ papers and evidence
submitted in relation to the motion for a finding of civil contempt, see 28 U.S.C. § 636(e)(6);

Page 2 of 3

JSC Foreign Econ. Ass’n Technostroyexport v. Int’l Dev. & Trade Servs., Inc., No. 03-CV-5562,
2006 WL 1148110, at *1 (S.D.N.Y. Apr. 28, 2006)); and
WHEREAS the Court concurs in and adopts Judge Netburn’s findings of fact and
conclusions of law without modification;
IT IS HEREBY ORDERED that Defendant is held in civil contempt for failing to comply
with the Court’s order (Dkt. 149) and Judge Netburn’s award (Dkt. 189) to pay Plaintiff
reasonable attorneys’ fees and costs. Defendant must pay $13,212.32, plus interest at the federal
interest rate, see 28 U.S.C. § 1961, no later than May 16, 2020.
IT IS FURTHER ORDERED that Defendant must pay reasonable attorneys’ fees and
costs that Plaintiff’s counsel incurred in bringing the contempt motion. Plaintiff may make a
motion for an award of attorneys’ fees and costs no later than May 16, 2020.
IT IS FURTHER ORDERED that, if full payment has not been made by May 16, 2020,
Plaintiff must move by way of an Order to Show Cause why Defendant should not be jailed or
otherwise subject to increasing financial penalties until he complies with this Order, see Hutto v.
Finney, 437 U.S. 678, 690 (1978) (“Civil contempt proceedings may yield a conditional jail term
or fine.”); see also Waterkeeper All. Inc. v. Spirit of Utah Wilderness, Inc., No. 10-CV-1136,
2020 WL 377951, at *4 (S.D.N.Y. Jan. 22, 2020) (“[A] court may . . . utilize all sanctions at its
disposal which are reasonably likely to coerce the contemnor of not only the need for compliance
but to achieve full compliance.” (citation omitted));
The Clerk of Court is respectfully directed to close the open motion on docket entry 199.
SO ORDERED.

Date: March 16, 2020
New York, New York

_________________________________
VALERIE CAPRONI
United States District Judge

Page 3 of 3