Sarah Leff v. David Leff (2014)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR CONTEMPT, POSTJUDGMENT (# 147);  AND MOTION FOR STAY OF PROCEEDINGS (# 143)

MOTION FOR CONTEMPT (# 147)

1. On January 29, 2014 the parties negotiated and entered into an agreement concerning discovery owed to plaintiff.   The agreement was accepted by the court and made an order thereof.

2. The court order of January 29, 2013 is clear and unambiguous.

3. The defendant agreed, and the court ordered the production to be made within 14 days of the court order.

4. On or about March 6, 2014, the plaintiff filed a Motion for Contempt for defendant's failure to comply with the January 29, 2014 court order.

5. As of the hearing date of March 12, 2014, defendant had not fully complied with the January 29, 2014 order.

6. The court finds the defendant has the ability to comply with the January 29, 2014 order and he has wilfully failed to do so.

Therefore it is ORDERED:

1. Compliance with the January 29, 2014 court order shall be made on or before close of business on April 7, 2014.

2. In particular, the defendant shall produce all items requested in item # 3 relative to the “California property.”

3. If the documentation requested in item # 3 is not produced by close of business on April 7, 2014, the plaintiff shall be permitted to depose the members of the “California, LLC” in California.   The defendant shall advance to plaintiff the sum of $6,000 to facilitate the depositions.   The sum shall be paid no later than close of business on April 9, 2014.

4. The defendant shall pay plaintiff's counsel fees for the prosecution of this motion in the amount of $1,500.   The counsel fees shall be paid on or before March 31, 2014.

MOTION FOR STAY OF PROCEEDINGS (# 143)

The defendant's Motion for Stay of Proceedings is DENIED.

SO ORDERED

BY THE COURT,

Ficeto, J.

Ficeto, Anna M., J.