Rodriguez v. New Generation Hardware Store Corp.
- Lewis Liman
- 1:22-cv-04422
- U.S. District Court · Southern District of New York
- 2
In Rodriguez v. New Generation Hardware Store Corp., Judge Liman found contempt requirements met but deferred sanctions and scheduled another hearing.
Pablo Ramon Rodriguez must serve the order and file proof of service. Kevin Reyes is subject to the contempt proceeding and was ordered to attend the scheduled telephone hearing. The parties were ordered to appear at that hearing.
What happened
In Rodriguez v. New Generation Hardware Store Corp., Pablo Ramon Rodriguez asked the court to punish Kevin Reyes for not responding to a court-ordered information subpoena used to obtain information after judgment. Reyes did not attend the scheduled hearing, even though he had notice.
The court found that the requirements for contempt sanctions were met: its January 22, 2024 order was clear, the evidence of noncompliance was convincing, and Reyes had not shown a reasonable, diligent effort to comply. Rodriguez’s lawyer asked for Reyes’s arrest or financial penalties.
Judge Liman did not yet decide what sanctions to impose. He scheduled a telephone hearing for April 2, 2024, directed the parties to attend, and ordered Rodriguez to serve Reyes with this order by mail and Federal Express and file proof of service.
The detailed version
- Rodriguez v. New Generation Hardware Store Corp. · No. 1:22-cv-04422
- Lewis Liman
- Mar. 21, 2024
Background
The court held a hearing on Plaintiff Pablo Ramon Rodriguez’s motion to hold Defendant Kevin Reyes in contempt. Rodriguez argued that Reyes violated the court’s January 22, 2024 order requiring him to respond to an information subpoena for post-judgment discovery. Post-judgment discovery is the process of obtaining information to help enforce an existing judgment. Reyes did not appear at the hearing despite receiving notice.
Court’s Findings
The court found that the requirements for contempt sanctions had been established. It determined that the January 22 order was clear and unambiguous, the evidence of noncompliance was clear and convincing, and there was no evidence that Reyes had made a diligent, reasonable effort to comply.
Disposition and Next Steps
The court reserved decision on the scope of the contempt remedies, meaning it had not yet selected or imposed the sanctions. Rodriguez’s counsel had requested an order for Reyes’s arrest or, alternatively, financial sanctions. The court scheduled a telephonic hearing for April 2, 2024, at 4:00 p.m., when it intended to announce its opinion and contempt sanctions. The parties were ordered to attend. Rodriguez was also ordered to serve Reyes with the order by first-class mail and Federal Express by March 22, 2024, and to file proof of service.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.