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08-1024 - King & Ballow v. Thompson


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08-1024 - King & Ballow v. Thompson
March 29, 2010
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ORDER: The Motion to Compel Answers to Post Judgment Discovery 57 is REFERRED to Magistrate Judge Griffin for disposition. Signed by District Judge Aleta A. Trauger on 3/29/10. (dt)
February 14, 2011
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ORDER: The plaintiff's motions to ascertain status 62 and 63 are GRANTED.By separately entered order, the plaintiff's motion to compel 57 has beengranted. Signed by Magistrate Judge Juliet E. Griffin on 2/14/11. (xc:Pro se party by regular and certified mail.)(dt)
February 14, 2011
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ORDER: Plaintiff's Motion to Compel 57 is Granted, as provided within this order. Signed by Magistrate Judge Juliet E. Griffin on 2/14/11. (xc:Pro se party by regular and certified mail.)(dt)
January 5, 2012
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ORDER: Motion to Ascertain Status of Motion to Have Defendant held in Civil Contempt 77 is Granted. The court is informed by the Magistrate Judgethat she will have disposed of this motion by 1/13/2012. Signed by District Judge Aleta A. Trauger on 1/5/12. (xc:Pro se party by regular and certified mail.)(dt)
January 13, 2012
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MEMORANDUM. Signed by Magistrate Judge Juliet E. Griffin on 1/13/12. (xc:Pro se party by regular and certified mail.)(dt)
January 13, 2012
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ORDER: The plaintiff's motion for leave to file a reply 72 and the plaintiff's motion to ascertain status 76 are Granted. The Clerk is directed to file and docket the plaintiff' s reply. In accordance with the contemporaneously entered memorandum, the plaintiff's motion to have the defendant held in civil contempt 69 is Denied, with leave to renew as addressed in the contemporaneously entered memorandum, contingent upon the following conditions listed within this order. The Clerk is directed to mail a copy of this order to the defendant by regular, first class mail and by certified mail AND to email a copy of this order to the defendant at [email protected] The Clerk is further directed to send a copy of this order to George C. Werner, Jr., Barley Snyder LLC, 126 East King Street, Lancaster, PA 17602, by regular, first class mail (only) and to send him a copy of this order by email at [email protected] Signed by Magistrate Judge Juliet E. Griffin on 1/13/12. (xc:Pro se party by regular and certified mail.)(dt)
March 13, 2014
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REPORT AND RECOMMENDATION re 73 Motion for Contempt and 84 Renewed Motion for Contempt. Signed by Magistrate Judge Juliet E. Griffin on 3/13/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
March 2, 2015
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MEMORANDUM AND ORDER: For these reasons, K&B's Fourth Contempt Hearing Motion (Docket No. 142) is GRANTED. It is hereby ORDERED that a show cause hearing will be held before this court on MARCH 30, 2015, at 3:00 p.m. CST. The defendant must appear in person; no matter what the cause, he will not be allowed to appear via telephone. If this date and time presents a scheduling problem for the defendant, he shall file a motion BY MARCH 23, 2015, requesting that the show cause hearing be rescheduled within a requested time frame, that (1) is accompanied by an affidavit, executed under oath, that explains the specific reasons for the requested rescheduling and (2) includes supporting documentation. A general or vague excuse without documentation, such as that offered by the defendant to this court on September 11, 2014 (Docket No. 127), will NOT be accepted. Signed by District Judge Aleta A. Trauger on 3/2/2015. (xc:Pro se party by regular and certified mail. Order also sent via e-mail by chambers on this date to defendant Michael Thompson.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 3/2/2015 (hb).
November 2, 2017
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mpt. (2) That, in the event Thompson does not voluntarily appear for any further show cause or contempt hearing, a bench warrant be issued for Thompson's arrest and appearance in this District, which would require that the United States Marshal arrest Thompson on the bench warrant and that he be taken into custody and transported in custody to this District for a contempt hearing. (3) That, unless Thompson satisfactorily shows why he has disregarded the courts orders of February 14, 2017 (Docket No. 195), and July 13, 2017 (Docket No. 203), he be found in contempt of court and subject to sanctions for civil contempt. (4) That, as part of these sanctions, the court impose a conditional fine of $100 per day, or such other amount as deemed appropriate, beginning on the date a contempt order is entered, until Thompson has purged himself of the contempt by fully and completely responding to the plaintiff's interrogatories and requests for production of documents. Given the history of this case, it is further recommended that, if Thompson has not complied within 28 days of this court's contempt order, the fine be increased to a significantly greater amount. See Allegra Network, LLC v. Bagnall, REPORT AND RECOMMENDATION AND CERTIFICATION OF FACTS: Magistrate Judge recommended: (1) That Defendant Thompson be ordered to appear before Judge Trauger on a date certain to be set by the court to show cause why he should not be adjudged in conte2012 WL 1150988, at *5 (E.D. Mich. Apr. 6, 2012) (contempt fine increased from $100 per day to $500 per day after 28 days of non-compliance). (5) That plaintiff be awarded reasonable costs and attorney fees. Signed by Magistrate Judge Barbara D. Holmes on 11/2/17. (xc:Pro se party by regular and certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/3/2017 (dt).
January 2, 2018
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ORDER: On November 2, 2017, the magistrate judge issued a Report and Recommendation and Certification of Facts (Docket No. 213), to which the defendant sent by email an untimely "Response" (Docket No. 216), to which the plaintiff responded (Docket No. 217). The defendant's Response, which has been docketed as an Objection to the Report and Recommendation is OVERRULED as untimely filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that defendant Michael S. Thompson shall appear before Judge Trauger in person on Friday, February 2, 2018 at 4:00 p.m. to show cause why he should not be adjudged in contempt. Should Mr. Thompson not appear for this hearing, a bench warrant will be issued for his arrest, requiring the United States Marshal to arrest him, take him into custody, and transport him to this district for a contempt hearing. Should he be held in contempt, the court will consider imposing all of the sanctions suggested by the magistrate judge in her Report and Recommendation (Docket No. 213 at 10). It is further ORDERED that, by January 5, 2018, the plaintiff shall file with the court all discovery requests made of the defendant, along with his responses thereto, that form the basis for the plaintiff's request for contempt. The magistrate judge is requested to analyze these documents and, by January 22, 2018, file a Report and Recommendation that details specifically the ways in which the defendant has failed to adequately respond to the plaintiff's discovery requests. It is so ORDERED. ENTER this 2nd day of January 2018.Signed by District Judge Aleta A. Trauger on 1/2/18. (xc: pro se party by email & regular mail) (af)
January 11, 2018
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REPORT AND RECOMMENDATION AND CERTIFICATION OF ADDITIONAL FACTS: The above recitation of facts are certified for purposes of additional consideration by the District Judge to determine whether Defendant should be held in civil contempt. Further, the undersigned Magistrate Judge respectfully recommends that, unless Defendant satisfactorily shows why he disregarded the Court's orders to provide full, complete, and timely discovery responses and to provide the Court with clarification about his correct address and why he failed to appear for a show cause hearing, he be found in contempt of court and subject to the sanctions for civil contempt previously recommended. The Clerk is directed to mail a copy of this Report and Recommendation and Certification of Facts to Defendant Michael Thompson by first class mail only at 490 Snyder Road, Lititz, PA, 17543-7683. The Clerk shall also send a copy by email to the defendant at [email protected] and at [email protected] Signed by Magistrate Judge Barbara D. Holmes on 1/11/2018. (xc:Pro se defendant by regular mail and email.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 5/25/2018 (gb).
May 23, 2018
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ORDER: The Report and Recommendation is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the defendant is found in civil contempt of this court. A conditional fine of $100.00 per day, beginning upon the entry of this Order, shall be levied against the defendant for each day that he fails to provide the information outlined in the Report and Recommendation at issue herein. This fine shall increase to $300.00 per day if the defendant remains non-compliant after 30 days of the entry of this Order. Signed by District Judge Aleta A. Trauger on 5/23/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)