Dissolved Air Floatation Corporation et al v. Kothari et al

Filing 119

ORDER granting 117 Motion for Miscellaneous Relief. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DISSOLVED AIR FLOATATION
CORPORATION
and ACCURATE MECHANICAL
CONTRACTORS, INC.,
Plaintiffs,
v.

Case No. 14-C-1223

BHARAT KOTHARI, RUDY PETERS,
and DAF TECHNOLOGY, LLC,
Defendants.

ORDER FOR MISCELLANEOUS RELIEF

The above-captioned matter came before the court for a telephone hearing on Plaintiffs’
Expedited Non-Dispositive Motion for Relief from Order Denying Motion for Contempt. Plaintiffs,
Dissolved Air Floatation Corporation and Accurate Mechanical Contractors, Inc., appeared by their
attorneys, Heath G. Mynsberge, Dempsey Law Firm, LLP. Defendants, Bharat Kothari and Rudy
Peters, did not appear, despite notice of the hearing having been served on their attorney via the
electronic case filing system. Having found good cause for vacating its earlier order denying
Plaintiffs’ motion for contempt and in the absence of any opposition from Defendants, the court
granted the motion for relief and directed Plaintiffs’ counsel to list those items he had requested of
counsel for Defendants that have yet to be provided. Counsel submitted a list and upon offering
counsel for Defendants an opportunity to object, and no objection having been made, the court
enters the following order.

IT IS HEREBY ORDERED that:
1.

The August 29, 2018, Order denying Plaintiffs’ motion for contempt is vacated.

2.

Defendant Kothari shall within thirty (30) days of the date of this order provide the

information listed below. Failure by Mr. Kothari to provide the information requested within thirty
(30) days without good cause may result in a finding of contempt and sanctions up to and including
incarceration until Kothari complies with this Order. Mr. Kothari shall provide:
A.

B.

All documents requested in Plaintiffs' Second Set of Written Discovery to
Bharay Kothari including, but not limited to, all documents requested in
Requests for Production of Documents 14-15 including:
1.
Tax Transcripts from 2010 to Present;
2.
Any documents identified in a Request for Admission or Interrogatory.

C.

A list of all professional books identified in Request for Production Number
58 to Plaintiffs' Corrected Collection Discovery to Bharat Kothari;

D.

A copy of the Title to the automobiles pursuant to Request for Production
Number 60.

E.

3.

Full, written and sworn, responses to Plaintiffs' Second Set of Written
Discovery to Bharay Kothari.

A copy of the legal description for all real estate in which Kothari owned an
interest in as of the date of judgment pursuant to Request for Production
Number 63.

Defendant Peters shall have thirty (30) days from the date of this order to provide the

information listed below. Failure by Mr. Peters to provide the information requested within thirty
(30) days without good cause may result in a finding of contempt and sanctions up to and including
incarceration until Peters complies with this Order. Mr. Peters shall provide:
A.

His 2017 IRS Tax Returns or such documentation as may permit Plaintiffs
to actually receive information regarding the same.

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4.

In the event Defendants fail to comply with this order, Plaintiffs must file a motion

for contempt. In the event Plaintiffs intend to request arrest and confinement of Defendants as a
sanction for contempt of court, Plaintiffs must provide proof that a copy of their motion seeking such
relief, along with notice of the date, time and place of such hearing, is personally served on
Defendants.
SO ORDERED this 22nd day of October, 2018.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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