Abraham v. Leigh
- Katherine Failla
- 1:17-cv-05429
- U.S. District Court · Southern District of New York
- 6
In Abraham v. Leigh, Judge Failla held the contempt motion in abeyance while giving Abraham a final chance to provide financial evidence.
Robyn Abraham and Abby Leigh; the order also warned that continued noncompliance could lead to judgment against Abraham on Leigh’s counterclaims.
What happened
In Abraham v. Leigh, Robyn Abraham had been ordered to pay Abby Leigh, as executor of Mitch Leigh’s estate, $53,144.60 in attorneys’ fees and costs as sanctions. The court said Abraham had not paid the amount.
Leigh asked the court to find Abraham in civil contempt for violating the payment order. Abraham argued that poverty, illness reportedly related to COVID-19, and her unsuccessful appeal showed that she had tried diligently to comply.
Judge Failla did not yet decide the contempt motion. She found the payment order clear and Abraham’s noncompliance clear, but gave Abraham until January 22, 2021, to submit sealed financial evidence supporting her poverty and efforts to comply; the court kept the motion under advisement meanwhile.
The detailed version
- Abraham v. Leigh · No. 1:17-cv-05429
- Katherine Failla
- Dec. 21, 2020
Background
In an earlier order, the Court directed Plaintiff Robyn Abraham to pay Defendant Abby Leigh, as Executrix of the Estate of Mitch Leigh, $53,144.60 in attorneys’ fees and costs resulting from a partial grant of Leigh’s sanctions motion. The amount consisted of $52,507.50 in attorneys’ fees and $637.10 in costs, payable within 30 days. The opinion states that Abraham had not complied with that order.
Leigh moved for a finding of civil contempt. Civil contempt is a court enforcement procedure used when a person does not comply with a court order. The Court explained that contempt requires a clear and unambiguous order, clear and convincing proof of noncompliance, and a failure by the person subject to the order to make a diligent, reasonable effort to comply. A willful violation is not required.
Arguments and Analysis
The Court agreed that the sanctions order was clear and unambiguous and that Abraham’s noncompliance was clear and convincing. Abraham argued that she had diligently attempted to comply because poverty prevented payment, illness delayed compliance, and her unsuccessful appeal demonstrated diligence.
The Court rejected the appeal argument because it had already ruled that the appeal did not stay or excuse compliance. It also stated that Abraham’s illness claims addressed delay but did not show an effort to comply, and the Court did not believe the record established that she had actually been ill. The Court found Abraham’s unsupported poverty claim insufficient on the existing record and questioned her financial account of settlement funds. The Court also criticized her continued personal attacks on former counsel in court filings and warned that continued noncompliance with an October 21, 2020 order would lead to judgment against her on Leigh’s counterclaims.
Ruling
The Court did not grant or deny Leigh’s contempt motion at this stage. Instead, Judge Katherine Polk Failla gave Abraham a final opportunity to submit, by January 22, 2021, an ex parte sealed submission supporting her poverty and her diligence in trying to comply with the sanctions order from September 14, 2020, through the date of the opinion. The Court held its decision on the civil-contempt motion in abeyance pending that submission. The Court again warned that continued noncompliance with the October 21 order would result in judgment against Abraham on Leigh’s counterclaims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.