. A Rule 70 civil contempt sanction “‘serves to coerce the contemnor into future compliance with the court's order or to compensate the complainant for losses resulting from the contemnor's past noncompliance.'” Carione v. United States, 2012 WL 976049, at *7 (E.D.N.Y. Mar. 22, 2012) (quoting Bd. of Trs. of the Loc. 295/Loc.-I.B.T. Emp. Grp. Pension Tr. Fund v. Hail Air Freight, Inc., 2008 WL 1758719 (S.D.N.Y. Apr. 16, 2008) (internal quotation marks and citation omitted)).
A Rule 70 civil contempt sanction "'serves to coerce the contemnor into future compliance with the court's order or to compensate the complainant for losses resulting from the contemnor's past noncompliance.'" Carione v. United States, 2012 WL 976049, at *7 (E.D.N.Y. Mar. 22, 2012) (quoting Bd. of Trs. of the Loc. 295/Loc.-I.B.T. Emp. Grp. Pension Tr. Fund v. Hail Air Freight, Inc., 2008 WL 1758719 (S.D.N.Y. Apr. 16, 2008) (internal quotation marks and citation omitted)). "In order to establish contempt, a movant must show by clear and convincing evidence: (1) a clear and unambiguous order; (2) clear and convincing proof of noncompliance of the order; and (3) that the contemnor has not diligently attempted to comply in a reasonable manner."
. A Rule 70 civil contempt sanction “‘serves to coerce the contemnor into future compliance with the court's order or to compensate the complainant for losses resulting from the contemnor's past noncompliance.'” Carione v. United States, No. 03-CV-4024 (DRH), 2012 WL 976049, at *7 (E.D.N.Y. Mar. 22, 2012) (quoting Bd. of Trs. of the Loc. 295/Loc.-I.B.T. Emp. Grp. Pension Tr. Fund v. Hail Air Freight, Inc., No. 06-Civ.-528 (GEL), 2008 WL 1758719 (S.D.N.Y. Apr. 16, 2008) (internal quotation marks and citation omitted)).
This Order confirms the accuracy of defendant's Status Report filed in response to the Court's March 22, 2012 Memorandum & Order ("M&O"). (See Status Report, dated 4/20/12); see also Carione v. United States, 2012 U.S. Dist. LEXIS 39439 (E.D.N.Y. Mar 22, 2012). The subject M&O found that defendant had erroneously calculated the overpayment and underpayment interest arising from a tax credit previously awarded to plaintiff in this action on November 27, 2006.