Opinion
Case No. 14-12682
03-28-2016
ARVAL KRISHNA, Plaintiff, v. HINDUSTAN MOTORS LIMITED, Defendant.
R. Steven Whalen United States Magistrate Judge
ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S FEBRUARY 25, 2016 REPORT AND RECOMMENDATION (ECF NO. 13); (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF KRISHNA'S MOTION FOR SPOLIATION SANCTIONS AND TO COMPEL ATTENDANCE AT DEBTOR EXAMINATION (ECF NO. 11); and (3) ORDERING ROBERT LEWIS, A DIRECTOR OF HINDUSTAN MOTORS LIMITED, TO APPEAR FOR A JUDGMENT DEBTOR'S EXAMINATION UNDER OATH OR FACE A FINDING OF CIVIL CONTEMPT
On February 25, 2016, the Magistrate Judge entered a Report and Recommendation (ECF No. 13) to Grant in Part and Deny in Part Plaintiff's Motion for Spoliation Sanctions and to Compel Attendance at Debtor Examination (ECF No. 11). Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and Recommendation, GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for Spoliation Sanctions and to Compel Attendance at Debtor Examination.
The request for spoliation sanctions is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED.
The request for Robert Lewis to appear for a judgment debtor's examination is GRANTED. Robert Lewis is ORDERED to appear at the law offices of At Law Group, PLLC, on a date and time of the Plaintiff's choice, to give sworn testimony concerning the income, property, or other means of satisfying this Court's October 7, 2014 Judgment against Hindustan Motors Limited.
IT IS FURTHER ORDERED that, because Robert Lewis refused to comply with this Court's January 26, 2015 Order compelling his attendance at a debtor's examination, a failure to appear as Ordered herein will result in a finding of civil contempt against Robert Lewis.
Pursuant to 28 U.S.C. § 1826, failure to comply with a court order can summarily result in confinement until the witness is willing to give such testimony. IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: March 28, 2016
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 28, 2016.
s/Deborah Tofil
Case Manager