Sadowski v. HNGN, Inc.

Background

Christopher Sadowski filed a copyright-infringement lawsuit against HNGN, Inc. The court entered default judgment against HNGN on April 17, 2023. Sadowski later sought information from HNGN to help enforce that judgment. On October 16, 2023, the court ordered HNGN to respond to Sadowski’s post-judgment discovery requests.

HNGN did not comply with that order. Sadowski asked the court to require HNGN to explain why it should not be held in contempt. The court issued that order to show cause and later gave HNGN two extensions of time to respond. HNGN did not communicate with the court or attempt to explain its failure to comply.

Court’s reasoning

The court applied the standard for civil contempt, which requires a clear and definite court order, clear and convincing proof of noncompliance, and a failure to make a reasonable, diligent effort to comply. It found all three requirements satisfied. The October 16 order clearly required HNGN to respond to the discovery requests, the evidence showed that HNGN had not complied, and HNGN had not made a reasonable effort to comply even after receiving additional time.

The court also found that HNGN acted in bad faith. It concluded that HNGN’s conduct lacked any legal or factual basis and was motivated by unjustified delay. The court treated the fees and costs as a civil-contempt sanction intended to compensate Sadowski for the harm caused by HNGN’s failure to respond, rather than to punish HNGN.

Ruling

The court ordered that HNGN was in contempt of court for failing to comply with the October 16, 2023 order. It further ordered HNGN to pay Sadowski’s reasonable attorney’s fees and costs incurred in preparing and filing the motion to compel responses to the post-judgment discovery requests. Sadowski had to submit documentation supporting those fees and costs by March 15, 2024. The opinion does not state the amount of the fees or costs.