Experience Hendrix, L.L.C. v. Pitsicalis
- Paul Engelmayer
- 1:17-cv-01927
- U.S. District Court · Southern District of New York
- 5
In Experience Hendrix v. Pitsicalis, Judge Engelmayer granted terminating sanctions and directed default judgment against Leon Hendrix for willful discovery violations.
The ruling directly affects defendant Leon Hendrix, against whom the court directed entry of default judgment, and the plaintiffs, whose case against him will proceed to a damages inquest.
What happened
In Experience Hendrix, L.L.C. v. Pitsicalis, the plaintiffs asked the court to impose terminating sanctions against defendant Leon Hendrix after more than two years of failing to comply with discovery requirements. Hendrix did not oppose the motion.
The court found that Hendrix willfully ignored discovery orders, lesser sanctions had not worked, his noncompliance lasted throughout the 28-month fact-discovery period, and he had been warned that continued violations could lead to default judgment. His deposition statements showed that he chose not to provide required records and documents.
Judge Paul A. Engelmayer granted the plaintiffs’ motion for terminating sanctions and directed the Clerk of Court to enter a default judgment against Leon Hendrix. The plaintiffs’ case against Hendrix will proceed to a proceeding to determine damages.
The detailed version
- Experience Hendrix, L.L.C. v. Pitsicalis · No. 1:17-cv-01927
- Paul Engelmayer
- Dec. 9, 2019
Background
On November 6, 2019, the plaintiffs moved under Federal Rule of Civil Procedure 37(b)(2) for terminating discovery sanctions against defendant Leon Hendrix. Terminating sanctions are penalties that end a party’s ability to continue defending claims, including dismissal or default judgment. The motion described more than two years of repeated failures by Hendrix to participate in discovery. Hendrix did not file an opposition.
The opinion states that, when the case began, Hendrix was Andrew Pitsicalis’s business partner, owned defendant Purple Haze Properties, and was a managing member of defendant Rockin Artwork. Hendrix repeatedly failed to obey discovery orders, including requirements to attend a deposition and produce documents. His deposition was twice rescheduled because he failed to prepare or produce required documents, and the deposition ended after he again failed to provide documents.
Court’s Analysis
The court applied four factors used to decide whether terminating sanctions are appropriate:
- Willfulness: The court found that Hendrix’s noncompliance was willful. When asked about missing bank statements, social-media records, and emails, Hendrix indicated that he had chosen not to provide them rather than being unable to do so.
- Effectiveness of lesser sanctions: Earlier measures, including monetary sanctions, attorney-fee sanctions, an adverse-inference sanction, warnings, and threats of more severe sanctions, had not changed Hendrix’s conduct.
- Duration: Hendrix had not complied at any point during fact discovery, which lasted 28 months from July 2017 through November 11,
- The court described the noncompliance as substantial and egregious.
- Warnings: On October 17, 2019, Hendrix was personally warned, while represented by counsel, that continued failure to meet his discovery obligations could result in default judgment.
The court concluded that no lesser measure would effectively compel Hendrix to participate in discovery and that terminating sanctions were appropriate and necessary.
Ruling and Effect
Judge Paul A. Engelmayer granted the plaintiffs’ motion for terminating sanctions. The Clerk of Court was directed to enter a default judgment against Leon Hendrix, and the motion at Docket 375 was terminated.
The opinion states that the plaintiffs’ case against Hendrix would proceed to a damages inquest, meaning a proceeding to determine the amount of damages. The court planned to issue a separate order referring that proceeding to a magistrate judge after a scheduled status and default-judgment conference involving other defendants.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.