Scott Hargis v. Pacifica Senior Living Management LLC

Summary

A magistrate judge certifies facts under 28 U.S.C. § 636(e)(6)(B)(iii) concerning Pacifica Senior Living Management LLC's alleged failure to comply with a discovery order. The court found that the defendant failed to produce certain documents by the deadline and that no knowledgeable employee or agent appeared in person at the required discovery status conference. The defendant was ordered to appear before the district judge on April 21, 2025, to show cause why it should not be held in contempt.

Holdings

1. Plaintiff established by clear and convincing evidence that Defendant violated a clear and definite court order requiring an employee or agent with knowledge of the requested documents to attend the January 7, 2025 discovery status conference in person.
2. Under 28 U.S.C. § 636(e)(6)(B)(iii), the magistrate judge certified the facts to the assigned district judge and properly required Defendant to appear and show cause why it should not be adjudged in contempt.

Questions Presented

1. Whether Defendant's failure to have a knowledgeable employee or agent attend the court-ordered in-person discovery status conference violated a clear and definite order by clear and convincing evidence.
2. Whether the magistrate judge should certify the facts to the assigned district judge and require Defendant to show cause why it should not be adjudged in contempt under 28 U.S.C. § 636(e)(6)(B)(iii).

Disposition

other