Rhea v. Apache Corporation

Filing 287

ORDER by Judge Joe Heaton adopting 284 Report and Recommendation AND denying 285 Enable's Motion for Hearing. (tls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA

BIGIELEERHEA,
Plaintiff,
NO. CIV-14-0433-JH

vs.

APACHE CORPORATION,
Defendant.
ORDER

In an effort to resolve a long and contentious discovery dispute, the court referred

to U. S. Magistrate Judge Kimberly West, for report and recommendation, plaintiffs
motion [Doc.#152]seeking contempt sanctions against non-parties Enable Gas Gathering,
LLC, Enable Midstream Partners, LP, and Enable Gathering & Processing, LLC
(collectively, "Enable"). The motion was based on Enable's non-compliance with Judge
Seay's September 2, 2016 order [Doc. #124], which ordered, with minor modifications,
production of documents consistent with an earlier order entered by Judge West [Doc.#

96]. Judge West has now submitted a report and recommendation concluding that Enable
has not complied with the prior orders in various respects,that there is no persuasive reason
why its compliance should not be required, and that a coercive fine, via a finding of civil
contempt, is appropriate in light of Enable's non-compliance.

Enable has objected to the report, essentially re-urging the various arguments
already presented to Judge West and Judge Seay. Enable has also moved for a further
hearing before the undersigned.

The court concludes Enable's objection does not present a persuasive basis for
reconsidering or modifying the prior order entered by Judge Seay, and that an additional

hearing is unnecessary to resolve a matter that has already been exhaustively argued,
briefed, and fought over. Moreover, in light of the flat refusal of Enable to comply with
this court's orders, the court also concludes the punitive sanction proposed in the report is
appropriate.

Accordingly, for substantially the reasons stated in the report, the Report and
Recommendation [Doc. #284] is ADOPTED. The court concludes Enable is in civil

contempt ofthe orders ofthis court and directs that it pay a fine of One Thousand Dollars
($1,000) per day, beginning upon the date of entry of this order and ending upon full

compliance with the pertinent discovery orders. Enable's motion for hearing [Doc. #285]
is DENIED.
IT IS SO ORDERED.

Dated this

day of December,2018.

iATON
;. DISTRICT JUDGE