Young Again Products, Inc v. Acord et al

Filing 186

ORDER entered: This court finds and concludes that the plaintiff's motion for contempt be granted, in part, and sanctions imposed. John Acord's motion to dismiss the motion for contempt is denied and his objections to the Memorandum and Recommendation are overruled as meritless.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
YOUNG AGAIN PRODUCTS, INC.,
Judgment Creditor,
VS.
JOHN ACORD, et al.,
Judgment Debtors.

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MISC. ACTION NO. H-09-0282

ORDER
This court has reviewed the Magistrate Judge’s Memorandum and Recommendation on the
motion for contempt filed by the plaintiff, Young Again Products, Inc., against John Acord and Sean
Ortega, (Docket Entry No. 112), and the motion filed by John Acord to dismiss the motion for
contempt, (Docket Entry No. 138). This court has also reviewed the “exceptions and objections”
John Acord filed in response to that Memorandum and Recommendation. (Docket Entry No. 178).
The prior order of this court dated March 28, 2014 terminating the motion for contempt and the
motion to dismiss the motion is vacated. The motions are instead resolved based on this court’s de
novo determination of the Magistrate Judge’s Memorandum and Recommendation and of the
objections and response. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); United States v.
Wilson, 864 F.2d 1219 (5th Cir. 1989).
Based on the pleadings, the record, and the applicable law, this court adopts the
Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and
concludes that the plaintiff’s motion for contempt be granted, in part, and the following sanctions
imposed:
1.

Against John Acord, (a) the sum of $21,500.00, representing the fair market value

of the Vanguard Automated Blister Machine; (b) attorney’s fees in the amount of $7,034.75; and (c)

attorney’s fees in the amount of $7,698.00 (this third item payable jointly and severally with Sean
Ortega);
2.

Against Sean Ortega, (a) attorney’s fees in the amount of $277.50; and (b) attorney’s

fees in the amount of $7,698.00 (this item payable jointly and severally with Sean Ortega);
The order that Sean Ortega provide a certified accounting is moot.
John Acord’s motion to dismiss the motion for contempt is denied and his objections to the
Memorandum and Recommendation are overruled as meritless.
SIGNED on April 21, 2014, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge

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