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Pluym v. Terrell Gibson & Associates, LLC.

United States District Court, Tenth Circuit

September 9, 2013

RYAN VANDER PLUYM, Plaintiff,
v.
TERRELL GIBSON & ASSOCIATES, LLC., and JOSHUA ALLEY, Defendants.

ORDER TO SHOW CAUSE

James P. O’Hara U.S. Magistrate Judge

The defendants, Terrell Gibson & Associates, LLC., and Joshua Alley, have refused, at least to this point, to participate in this case (indeed, defendants have never even entered an appearance). After default judgment was entered in favor of the plaintiff, Ryan Vander Pluym, and defendants failed to respond to post-judgment discovery, plaintiff filed a motion to compel discovery. The court granted the motion (noting that it was unopposed) and ordered defendants to respond to plaintiff’s post-judgment discovery by August 23, 2013 (doc. 20). On August 27, 2013, plaintiff filed a motion for the entry of an order to show cause, stating that defendants still have not responded to the post-judgment discovery (doc. 21).[1] Defendants appear to be in contempt of the court’s discovery order.[2] Before imposing sanctions, however, the court will provide defendants one additional opportunity to engage in this case.

Accordingly, defendants are ordered to show cause, in writing, by September 27, 2013, why they should not be held in contempt of court and subject to monetary sanctions pursuant to Fed.R.Civ.P. 37(b)(2)(C) for failure to comply with the court’s post-judgment discovery order. By that same date, plaintiff shall file an affidavit listing the time and related expenses he incurred in filing the instant motion.

Should defendants fail to respond to this show cause order, plaintiff may wish to pursue collection of the judgment by requesting that the court set a judgment debtor examination or a hearing in aid of execution of the judgment.[3]

IT IS SO ORDERED.


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