Ramgoolie v. Ramgoolie
- Valerie Caproni
- 1:16-cv-03345
- U.S. District Court · Southern District of New York
- 3
In Ramgoolie v. Ramgoolie, Judge Caproni held Andy Ramgoolie in civil contempt and ordered payment of $13,212.32, interest, and fees.
Andy Ramgoolie was held in civil contempt and ordered to pay the unpaid $13,212.32 fee award, interest, and additional reasonable fees and costs; Jenny Ramgoolie could seek further penalties if payment was incomplete.
What happened
Ramgoolie v. Ramgoolie involved an unpaid award of attorneys’ fees and costs. After Andy Ramgoolie paid $5,500 of the $18,712.32 award, Jenny Ramgoolie sought a finding of civil contempt for the remaining $13,212.32.
Andy Ramgoolie argued that he could not pay the balance. He did not request a hearing on his ability to pay by the court’s deadline. The magistrate judge recommended holding him in civil contempt and requiring payment of the balance, interest, and fees connected to the contempt motion.
Judge Valerie Caproni adopted those findings without change. The court held Andy Ramgoolie in civil contempt, ordered him to pay $13,212.32 plus federal-rate interest by May 16, 2020, and required payment of reasonable fees and costs for the contempt motion. If payment was not complete by that date, Jenny Ramgoolie could seek additional penalties, including possible imprisonment.
The detailed version
- Ramgoolie v. Ramgoolie · No. 1:16-cv-03345
- Valerie Caproni
- Mar. 16, 2020
Background
The court had previously adopted a magistrate judge’s recommendation that denied the parties’ cross-motions for summary judgment, granted Jenny Ramgoolie’s motion for sanctions, and ordered Andy Ramgoolie to pay the reasonable attorneys’ fees and costs connected to her motion to compel and motion for sanctions. Magistrate Judge Netburn later awarded Jenny Ramgoolie $18,712.32 in fees and costs. Andy Ramgoolie made two payments totaling $5,500, leaving $13,212.32 unpaid.
Jenny Ramgoolie moved for a finding of civil contempt. Civil contempt is a court finding that a person failed to comply with a court order; it can lead to coercive financial penalties or conditional imprisonment intended to secure compliance. Andy Ramgoolie opposed the motion, arguing that he was unable to pay the remaining amount.
Magistrate Judge’s Recommendation and Review
Judge Netburn permitted Andy Ramgoolie to submit financial information under seal for review and later ordered a public filing with limited redactions. Judge Netburn then issued a certification of facts, conclusions of law, and proposed remedy under 28 U.S.C. § 636(e)(6)(B)(iii). The certification recommended holding Andy Ramgoolie in civil contempt, requiring payment of the remaining award with federal-rate interest, and awarding the attorneys’ fees and costs incurred in bringing the contempt motion.
The district court gave the matter a fresh, independent review of the parties’ papers and evidence. Andy Ramgoolie did not request a hearing on his ability to pay. The court agreed with and adopted Judge Netburn’s factual findings and legal conclusions without modification.
Ruling
The court held Andy Ramgoolie in civil contempt for failing to comply with the earlier court order and fee award. It ordered him to pay Jenny Ramgoolie $13,212.32 plus interest at the federal interest rate by May 16, 2020. It also ordered him to pay the reasonable attorneys’ fees and costs incurred by Jenny Ramgoolie’s counsel in bringing the contempt motion; Jenny Ramgoolie could file a motion seeking that amount by May 16, 2020.
The court further ordered that, if the full payment had not been made by May 16, 2020, Jenny Ramgoolie must seek an order requiring Andy Ramgoolie to explain why he should not be jailed or subjected to increasing financial penalties until he complied. The Clerk of Court was directed to close the motion listed as docket entry 199.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.