Rose v. Willoughby

Background

On July 15, 2022, Judge Kenneth M. Karas entered a default judgment against Robert Willoughby for violations of the Fair Labor Standards Act and New York Labor Law. The judgment awarded Karlene Rose $93,564, plus $28,620 in attorneys’ fees and $1,331.51 in costs.

To obtain information needed to enforce that judgment, Rose served Willoughby with an information subpoena by certified mail on October 7, 2024. The subpoena sought information about bank accounts, income, real estate, and other assets. The mailing was returned as “unclaimed,” and Willoughby did not respond.

Rose moved to compel a response on January 2, 2025. Her counsel served the motion by U.S. Mail. The court scheduled a February 7, 2025 conference and served the scheduling order by U.S. Mail. Willoughby did not contact Rose’s counsel or the court and did not attend the conference.

Legal standard and analysis

Federal Rule of Civil Procedure 69 provides that a federal money judgment may be enforced using the procedures of the state where the federal court is located. It also permits the use of federal or state discovery procedures to obtain information relevant to satisfying the judgment.

The court applied New York law, which allows a judgment creditor to use an information subpoena to obtain information relevant to collecting a judgment. Under the cited New York provisions, responses generally must be returned within seven days after receipt, and a court may order compliance when the recipient fails to respond. The court concluded that Rose properly served the subpoena and that the requested information was discoverable under Rule 69.

Ruling and required actions

The court GRANTED Rose’s motion to compel, ECF No. 67. It required Rose to personally serve Willoughby under New York Civil Practice Law and Rules § 308 with copies of the Decision and Order, the three unpublished cases cited in the order, the motion papers, the October 7, 2024 information subpoena, the referral order, and the scheduling order. Rose must file proof of service on the docket.

Willoughby must provide full and complete responses to the information subpoena no later than 30 days after service. If he fails to comply, Rose may file a motion seeking contempt sanctions. The court also noted a prior warning from Judge Karas that failure to comply with court orders could lead to civil contempt, including a fine, imprisonment, or both. The Clerk of Court was directed to mark the motion as GRANTED and terminate it.