Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Hemmerle

United States District Court, M.D. Florida, Orlando Division

May 31, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDOLPH HEMMERLE, Defendant.

          REPORT AND RECOMMENDATION

          GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE

         I. FACTUAL BACKGROUND

         On February 26, 2018, Plaintiff filed a complaint seeking to reduce to judgment Defendant's federal income tax liabilities for the 2006 tax year. Doc. No. 1; Doc. No. 11 at 1. On March 6, 2018, United States District Judge Anne C. Conway ordered the parties to “conduct a case management conference no later than [forty-five] days after service upon or appearance by” Defendant. Doc. No. 3 at 2-3. On March 29, 2018, Plaintiff's counsel sent an email informing Defendant that the parties are required to hold a case management conference before April 20, 2018 and asking whether Defendant would agree to a request to extend the deadline to hold the case management conference. Doc. No. 11 at 1. Defendant never responded to the email. Id. at 2. Defendant, however, filed an answer to Plaintiff's complaint on April 6, 2018. Doc. No. 7.

         From April 10, 2018 to May 4, 2018, Plaintiff's counsel made multiple attempts to hold a case management conference with Defendant. Doc. No. 11 at 2-3. Defendant, however, refused to discuss any case management deadlines until he had obtained counsel. Id. On May 8, 2018, Plaintiff filed a motion seeking leave to file a unilateral case management report. Doc. No. 11.

         On May 18, 2018, the undersigned ordered Defendant to appear before the Court and to show cause as to why sanctions, including entry of clerk's default, should not be imposed for his refusal to discuss case management deadlines and to comply with Court orders. Doc. No. 12 at 3. The undersigned warned Defendant that his “[f]ailure to appear at the hearing may result in such sanctions being imposed without further notice.” Id.[1] On May 30, 2018, the undersigned held the show cause hearing, but Defendant failed to appear.

         II. APPLICABLE LAW

         Federal Rule of Civil Procedure 16(f)(1) provides:

(1) In General. On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2) (A)(ii)-(vii), if a party or its attorney:
(A) fails to appear at a scheduling or other pretrial conference
(B) is substantially unprepared to participate-or does not participate in good faith-in the conference; or
(C) fails to obey a scheduling or other pretrial order.

Fed. R. Civ. P. 16(f)(1). Rule 37(b)(2)(A)(ii)-(vii) provides the following sanctions:

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.