Prepared Food Photos, Inc. v. Miami Beach 411 Corp.
Prepared Food Photos, Inc. v. Miami Beach 411 Corp.
2023 WL 11796983 (S.D. Fla. 2023)
August 9, 2023

Damian, Melissa,  United States Magistrate Judge

Sanctions
Failure to Produce
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Summary
Plaintiff filed a Motion for Order to Show Cause against Defendant for failing to comply with the Court's order to serve responses to Plaintiff's discovery requests in aid of execution. The Court granted the Motion and ordered Defendant to appear and show cause why they should not be held in civil contempt. Failure to comply may result in sanctions.
PREPARED FOOD PHOTOS, INC., Plaintiff,
v.
MIAMI BEACH 411 CORPORATION, Defendant
CASE NO. 22-23197-CIV-ALTONAGA/DAMIAN
United States District Court, S.D. Florida
Signed August 09, 2023

Counsel

James D'Loughy, Advisorlaw PLLC, Palm Beach Gardens, FL, Lauren Michelle Hausman, Christine Rosalie Zaffarano, CopyCat Legal PLLC, Coral Springs, FL, Daniel DeSouza, DeSouza Law, PA, Coral Springs, FL, for Plaintiff.
Damian, Melissa, United States Magistrate Judge

ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT

*1 THIS CAUSE is before the Court on Plaintiff, Prepared Food Photos, Inc.’s (“Plaintiff”), Motion for Order to Show Cause Why Defendant Should Not Be Held in Contempt, filed August 3, 2023, [ECF No. 17] (the “Motion”). The Motion was referred to the undersigned by the Honorable Cecilia M. Altonaga, Chief United States District Judge, to take all necessary and proper action as required by law. [ECF No. 18]. See 28 U.S.C. § 636(b)(1)(A).
THIS COURT has considered the Motion and the pertinent portions of the record and is otherwise fully advised in the premises. In the Motion, Plaintiff seeks the entry of an order requiring Defendant, Miami Beach 411 Corporation (“Defendant”), to show cause why it should not be held in contempt of court for failure to comply with the Court's July 14, 2023, Order, which required Defendant to serve responses to Plaintiff's First Request for Production in Aid of Execution and First Set of Interrogatories in Aid of Execution on or before July 28, 2023. [ECF No. 16].
A party seeking civil contempt must show by clear and convincing evidence that the alleged contemnor violated the court's prior orders. Chairs v. Burgess, 143 F.3d 1432, 1436 (11th Cir. 1998) (citing United States v. Roberts, 858 F.2d 698, 700 (11th Cir. 1988)). “This requires proving that “(1) the allegedly violated order was valid and lawful; (2) the order was clear and unambiguous; and (3) the alleged violator had the ability to comply with the order.” S.E.C. v. Greenberg, 105 F. Supp. 3d 1342, 1345 (S.D. Fla. 2015) (quoting Ga. Power Co. v. N.L.R.B., 484 F.3d 1288, 1291 (11th Cir. 2007)).
As set forth in the Motion, on July 14, 2023, the Court ordered Defendant to serve responses to Plaintiff's discovery requests in aid of execution. [ECF No. 16]. Plaintiff indicates that Defendant has failed to respond to the discovery at issue by the deadline set forth in the Court's Order. Mot. at ¶ 4. Plaintiff also certifies that a copy of its Motion was served on Defendant by U.S. Mail and email on August 3, 2023. Id. at 4. Finally, Plaintiff certifies that counsel contacted Defendant's representative regarding the underlying requests, the Motion to Compel, and the Motion before the Court, yet Defendant has not responded nor offered any reason to the Court for failing to do so. Based on a review of the record in this case and the information provided by Plaintiff, it appears Defendant has violated the Court's Orders.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Plaintiff's Motion for Order to Show Cause Why Defendant Should Not be Held in Contempt [ECF No. 17] is GRANTED. It is further
ORDERED that Defendant shall appear on September 5, 2023, at 2:00 p.m., before the undersigned at the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, 5th Floor, Miami, Florida 33128, to show cause why an order finding it in civil contempt for failure to comply with Plaintiff's discovery requests and the Court's Orders should not be entered against it. It is further
ORDERED that by August 21, 2023, Plaintiff's counsel shall mail a copy of this Order through certified mail (or another service providing for tracking and requiring a signature upon receipt) to Defendant. Plaintiff shall then file a notice of compliance evidencing service on Defendant.
*2 Defendant's failure to comply with this Order may result in the Court finding it in civil contempt or imposing other sanctions to enforce the terms of the Court's Order.
DONE AND ORDERED in Chambers at Miami, Florida, this 9th day of August, 2023.