Blake v. City of New York

Background

On March 9, 2023, the court gave Charles Blake permission to seek an order holding non-party Cohen’s Fashion Optical in civil contempt. The court required Blake to serve Cohen’s in accordance with the Southern District of New York’s Local Rules, including Local Civil Rule 83.6.

That rule requires a contempt motion and the papers supporting it to be served on the alleged contemnor’s attorney if the alleged contemnor has appeared through an attorney. Otherwise, the papers must be personally served in the manner required for serving a summons under the Federal Rules of Civil Procedure.

Court’s Analysis

The court reviewed Blake’s submissions and found no evidence that Cohen’s had been served with the proposed order to show cause for civil contempt and the supporting papers as Local Rule 83.6 required. Although the docket showed that Cohen’s had received Blake’s subpoena, his letter-motion to compel compliance, and several court orders, the court concluded that those earlier services did not establish proper service of the contempt application.

The court also explained that service of the contempt papers by another method is insufficient and that actual notice of the contempt application does not satisfy Local Rule 83.6. On June 6, 2023, the court had ordered Blake to file proof of compliant service or explain why service had not complied with the rule. It also ordered him to serve Cohen’s with the June 6 order and file proof of that service. Blake had not made those required submissions by the date of this order.

Ruling

Judge Jennifer H. Rearden denied Blake’s motion to hold Cohen’s in civil contempt without prejudice to refiling or renewing it with proof of service complying with Local Rule 83.6. The court further ordered Blake to promptly file proof that he had served Cohen’s with the June 6 order, serve Cohen’s by certified mail with a copy of the June 12 order, and file proof of that service.