Keitel v. D'Agostino, Sr.

Background

On December 20, 2023, the court ordered Frederick J. Keitel, III to show in writing why he should not be held in contempt for failing to obey court orders. The court gave him until January 25, 2024. Keitel sought an extension, stating that ongoing health issues and medical care made additional time necessary.

On January 19, 2024, the court directed Keitel to submit medical records for private judicial review and reserved a decision on his extension request. The January 31 deadline for submitting those records passed without a submission. Keitel later filed or sent two more extension requests, including one filed March 19, 2024.

Ruling

Judge Furman granted Keitel one final extension, retroactively setting March 28, 2024 as the deadline to do both of the following:

1. Respond to the order to show cause concerning why he should not be held in contempt; and 2. Submit medical records supporting his claimed medical conditions and care.

The court warned that failing to meet the new deadline would almost certainly result in a contempt finding. The court stated that possible consequences could include fines for each day or week of continued noncompliance and/or confinement in the custody of the U.S. Marshals Service until Keitel complies.

The court granted the defendants permission to respond, or to report Keitel’s noncompliance, by April 4, 2024. It ordered the defendants to serve Keitel with the order by certified mail and email and to file proof of service by March 25, 2024. The clerk was also directed to mail a copy to Frederick J. Keitel, II at the address listed in the order.

What the Order Did Not Decide

This order extended deadlines and set service requirements. It did not determine whether Keitel was in contempt or resolve the underlying claims in the case.