Roger Down, et al. v. Robert Ray Holcomb, et al.

Summary

The United States District Court for the Middle District of Florida grants in part and denies in part the plaintiffs’ motion for contempt and entry of clerk’s default. The court directs entry of default against Robert Ray Holcomb and Ellen Sue Holcomb for willful and bad-faith failures to comply with discovery orders, awards the plaintiffs attorney’s fees and costs, and denies civil contempt as unnecessary.

Holdings

1. Clerk's default was appropriate because defendants repeatedly failed to comply with discovery orders, acted willfully and in bad faith, and made misrepresentations concerning the existence and availability of responsive materials.
2. Plaintiffs were entitled to attorney's fees and costs caused by defendants' willful and bad-faith failure to reasonably participate in discovery.
3. A separate finding of civil contempt was unnecessary because entry of clerk's default and an award of attorney's fees and costs provided the appropriate relief.

Questions Presented

1. Whether defendants' repeated, willful, and bad-faith failure to comply with discovery orders warranted entry of clerk's default as a sanction.
2. Whether plaintiffs were entitled to attorney's fees and costs caused by defendants' discovery violations.
3. Whether a separate finding of civil contempt was necessary after entry of default and an award of fees and costs.

Disposition

other