Sunderland et al v. Okland
| Jennifer Sunderland and James Farrow |
| Dean Okland |
| 1:2023cv00366 |
| January 18, 2023 |
| US District Court for the Northern District of Georgia |
| Walter E Johnson |
| Thomas W Thrash |
| Other Statutory Actions |
| 28 U.S.C. § 1963 Registration of judgment from another district |
| None |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Contempt Hearing held on 2/8/2023. Defendant did not appear. The Court heard argument from Plaintiff's counsel on the #15 Motion for Contempt. For the reasons stated on the record, the Court GRANTED the motion and APPROVED & ADOPTED the Magistrate Judge's #16 Report and Recommendation. The Court awarded attorneys fees and costs to the Plaintiffs in the amounts stated on the record. The Court directed Plaintiff's counsel to submit a proposed order summarizing the findings of the Court. (Court Reporter Diane Peede)(jkb) |
| Filing 18 NOTICE of Appearance by Neill Kinnett Wright on behalf of James Farrow, Jennifer Sunderland (Wright, Neill) |
| NOTICE of Hearing: Contempt Hearing set for 2/8/2023 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr per #16 Order. (jeh) |
| Case reported statistically. Matter transferred from 1:21-mi-00102-TWT-WEJ. (adg) |
Filing 17
ORDER for Service of #16 Order and Report and Recommendation, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 1/18/23. (klb)
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Filing 16
ORDER AND REPORT AND RECOMMENDATION re #14 First MOTION for Contempt filed by Jennifer Sunderland. Should the Court find Mr. Okland in contempt for failing to comply with the undersigned's lawful Order of July 14, 2022, the undersigned RECOMMENDS that the Court GRANT the second Motion for Contempt #14 and require Mr. Okland to pay plaintiffs' attorney's fees and other expenses associated with the two missed depositions and the related motions pursuant to Federal Rule of Civil Procedure 37, in addition to any other penalties the Court deems just. The Clerk is DIRECTED to mail a copy of this Order to defendant: Dean Okland4830 Fieldstone View CircleCumming, GA 30028-3870. Signed by Magistrate Judge Walter E. Johnson on 1/18/23. (klb)
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ORDER - Given Mr. Okland's failure to attend his own properly noticed deposition and to produce requested documents, despite this Court's Order to do so, the undersigned ORDERS Mr. Okland to appear before the Honorable Thomas W. Thrash, Jr., Senior United States District Judge, on February 8, 2023 at 10:00 a.m. in Courtroom 2108 located in the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, to show cause why he should not be adjudged in contempt by reason of the facts so certified. Additionally, plaintiffs must appear to present evidence to the Court regarding the conduct by Mr. Okland which they allege warrants the requested punishment. See 28 U.S.C. 636(e)(6)(B)(iii). The Court strongly encourages Mr. Okland to appear as ordered. Persons who do not appear as ordered are subject to arrest by the United States Marshal. Signed by Magistrate Judge Walter E. Johnson on 1/28/21. (klb)
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| Clerk's Certificate of Mailing as to Dean Okland re #17 Order for Service of Order and Report and Recommendation and #16 ORDER AND REPORT AND RECOMMENDATION.(klb) |
| Filing 15 AFFIDAVIT of Service for Motion for Contempt , as to Dean Okland. (Evins, Richard) |
| Filing 14 First MOTION for Contempt with Brief In Support by Jennifer Sunderland. (Evins, Richard) |
| Filing 13 Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Contempt Hearing held on 12/6/2022. No representatives for the parties appeared. The Court DENIED the #7 Motion for Contempt for Want of Prosecution and ordered the case remain closed. (Court Reporter Diane Peede)(jeh) |
| Submission of #11 REPORT AND RECOMMENDATION re #7 MOTION for Contempt filed by Jennifer Sunderland, to District Judge Thomas W. Thrash Jr.. (klb) |
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Filing 12
ORDER for Service of #11 Order and Report and Recommendation Regarding Certification of Contempt by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 11/4/22. (klb)
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Filing 11
ORDER AND REPORT AND RECOMMENDATION REGARDING CERTIFICATION OF CONTEMPT. Given Mr. Okland's failure to attend his own properly noticed deposition and to produce requested documents, despite this Court's Order to do so, the undersigned ORDERS Mr. Okland to appear before the Honorable Thomas W. Thrash, Jr., Senior United States District Judge, on December 6th, 2022 at 10:00 a.m. in Courtroom 2108 located in the Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, to show cause why he should not be adjudged in contempt by reason of the facts so certified. Additionally, should the Court find Mr. Okland in contempt for failing to comply with the undersigned's lawful Order of July 14, 2022, the undersigned RECOMMENDS that the Court GRANT the Motion for Contempt #7 and require Mr. Okland to pay plaintiffs' attorney's fees and other expenses associated with the two missed depositions and the related Motions [4, 7] pursuant to Federal Rule of Civil Procedure 37, in addition to any other penalties the Court deems just. The Clerk is DIRECTED to mail a copy of this Order to defendant: Dean Okland4830 Fieldstone View CircleCumming, GA 30028-3870. Signed by Magistrate Judge Walter E. Johnson on 11/4/22. (klb)
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| Clerk's Certificate of Mailing as to Dean Okland re #12 Order for Service of Order and Report and Recommendation Regarding Certification of Contempt and #11 ORDER AND REPORT AND RECOMMENDATION REGARDING CERTIFICATION OF CONTEMPT. (klb) |
| Submission of #8 Order to Show Cause, #10 Notice of Filing, to Magistrate Judge Walter E. Johnson. (adg) |
| Filing 10 NOTICE Of Filing by James Farrow, Jennifer Sunderland re #7 MOTION for Contempt , #8 Order to Show Cause,, (Attachments: #1 Exhibit Order Granting Motion to Compel, #2 Exhibit First Amended Notice of Deposition, #3 Exhibit USPS Tracking - Delivered, #4 Exhibit Declaration of Sarah Arndt, #5 Exhibit Certificate of Non-Appearance)(Rosser, Christopher) |
| Filing 9 NOTICE of Appearance by Christopher Rosser on behalf of James Farrow, Jennifer Sunderland (Rosser, Christopher) |
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Filing 8
ORDER TO SHOW CAUSE - The undersigned DIRECTS plaintiffs to submit sufficient evidence to establish a prima facie case of contempt no later than October 25, 2022. Likewise, Mr. Okland is DIRECTED to show cause no later than that same date as to why the undersigned should not recommend that the Court grant plaintiffs Motion for Contempt and award them reasonable attorneys fees and expenses related to his alleged failure to appear for the previously scheduled depositions and the instant Motions. The Clerk is DIRECTED to mail a copy of this Order to defendant: Dean Okland 4830 Fieldstone View Circle Cumming, GA 30028-3870. Signed by Magistrate Judge Walter E. Johnson on 10/11/22. (klb)
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| Clerk's Certificate of Mailing as to Dean Okland re #8 Order to Show Cause. (klb) |
| Submission of #7 MOTION for Contempt , to Magistrate Judge Walter E. Johnson. (klb) |
| Filing 7 MOTION for Contempt by Jennifer Sunderland. (Evins, Richard) |
| Filing 6 First Amended NOTICE to Take Deposition of Dean Okland filed by Jennifer Sunderland (Evins, Richard) Text modified on 7/22/2022 (adg). |
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Filing 5
ORDER - the Court GRANTS the Motion #4 and ORDERS Mr. Okland to comply with the previously served notice for his post-judgment deposition and request for production of documents within FOURTEEN (14) DAYS of the date of this Order and to consult with plaintiffs' counsel to confirm or adjust the date, with the deposition to take place no later than THIRTY (30) DAYS from the date of this Order. Additionally, the Court DIRECTS Mr. Okland to show cause within FOURTEEN (14) DAYS of the date of this Order why the Court should not grant plaintiffs' request for an award of reasonable expenses and attorneys' fees related to his failure to appear for the previously scheduled deposition and for the preparation and filing of the instant Motion. The Clerk is DIRECTED to mail a copy of this Order to defendant: Dean Okland4830 Fieldstone View CircleCumming, GA 30028-3870.Signed by Magistrate Judge Walter E. Johnson on 7/14/22. (klb)
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| Clerk's Certificate of Mailing as to Dean Okland re #5 Order. (klb) |
| Submission of #4 MOTION to Compel Discovery , to Magistrate Judge Walter E. Johnson. (rvb) |
| Case Assigned to Judge Thomas W. Thrash, Jr. and Magistrate Judge Walter E. Johnson. Judge Unassigned no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-mi-102-TWT-WEJ. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rvb) |
| Submission of #4 MOTION to Compel Discovery , to District Judge Michael L. Brown. (adg) |
| Filing 4 MOTION to Compel Discovery by Jennifer Sunderland. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Evins, Richard) Text modified on 6/1/2022 (adg). |
| WRIT of Execution issued in the amount of $631,128.24. Original writ mailed to attorney via US Mail to address on writ (CMRR #91 7199 9991 7032 5718 5413) (adg) Modified on 1/20/2022 (adg). |
| Filing 3 First NOTICE to Take Deposition of Dean Okland filed by Jennifer Sunderland (Evins, Richard) |
| Filing 2 APPLICATION for Writ of Writ of Execution by Jennifer Sunderland. (Evins, Richard) |
| Miscellaneous Case Terminated. (eop) |
| Filing 1 REGISTRATION of Foreign Judgment filed by James Farrow and Jennifer Sunderland. Judgment entered in favor of Jennifer Sunderland and James Farrow and against Dean Okland in the total amount of $631,128.24) (Attachments: #1 Exhibit -Letter, #2 Civil Cover Sheet)(eop) |
| Filing Fee Paid: $ 49.00, receipt number AGANDC-11445618 (eop) |
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