AMG NATIONAL TRUST BANK v. RIES

Filing 151

ORDER THAT PLAINTIFF'S SECOND MOTION FOR CONTEMPT IS GRANTED IN PART FOR REASONS OUTLINED HEREIN. PLAINTIFF'S MOTION FOR SANCTIONS IS GRANTED FOR REASONS OUTLINED HEREIN. DEFENDANT'S CROSS-MOTION FOR SANCTIONS IS DENIED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 7/20/2011. 7/22/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMG NAT’L TRUST BANK,
Plaintiff,
v.
STEPHEN C. RIES,
Defendant.

:
:
:
:
:
:
:
:
:

CIVIL ACTION
NO. 06-CV-4337
(consolidated with
NO. 09-CV-3061)

ORDER
AND NOW, this

20th

day of July, 2011, upon consideration

of Plaintiff’s Second Motion for Contempt (Doc. No. 103),
Defendant’s response in opposition thereto (Doc. No. 120), and
Plaintiff’s reply in further support thereof (Doc. No. 123);
Plaintiff’s Expedited Motion for Sanctions for Defendant’s
Destruction of Evidence (Doc. No. 101), Defendant’s response in
opposition thereto (Doc. No. 121), and Plaintiff’s reply in
further support thereof (Doc. No. 124); and Defendant’s CrossMotion for Sanctions (Doc. No. 106), Plaintiff’s response in
opposition thereto (Doc. No. 125), and Defendant’s reply in
further support thereof (Doc. No. 127); after a hearing at which
both sides appeared and a review of the parties’ supplemental
briefs (Docs. Nos. 141, 142-2, 143); and for the reasons set
forth in the accompanying Memorandum, it is hereby ORDERED that
1) Plaintiff’s Second Motion for Contempt is GRANTED IN PART
as follows:
a) Defendant Ries is adjudged in civil contempt of the
temporary restraining order issued on October 3, 2006

(Doc. No. 8), and the preliminary injunction issued on
September 13, 2007 (Doc. No. 38).
b) Defendant shall pay Plaintiff’s attorneys’ fees and
costs associated with the Second Motion for Contempt.
Plaintiff shall submit documentation of the costs and
expenses for which it seeks reimbursement within
fourteen (14) days of the entry of this Order.
c) Plaintiff’s request for imposition of a fine and
referral to the United States Attorney’s Office is
denied.
2) Plaintiff’s Motion for Sanctions is GRANTED as follows:
a) Defendant is compelled to pay for a forensic
examination and restoration of his Dell computer.
b) Defendant shall pay Plaintiff’s attorneys’ fees and
costs associated with the Motion for
Sanctions.

Plaintiff shall submit documentation of the

costs and expenses for which it seeks reimbursement
within fourteen (14) days of the entry of this Order.
c) The Court will give an adverse-inference spoliation
instruction at trial.
3) Defendant’s Cross-Motion for Sanctions is DENIED.
BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, C.J.