Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-81205-RAR

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

v. 

COMPLETE BUSINESS SOLUTIONS 

GROUP, INC. d/b/a PAR FUNDING, et al.,

Defendants.

______________________________________/ 

ORDER TO SHOW CAUSE WHY JOSEPH COLE BARLETA SHOULD NOT BE HELD 

IN CONTEMPT FOR NONCOMPLIANCE WITH THE COURT’S ORDER GRANTING 

RECEIVER’S MOTION TO COMPEL [ECF NO. 1222]

THIS CAUSE comes before the Court upon the Receiver’s Motion for an Order to Show 

Cause Why Defendant Joseph Cole Barleta Should Not Be Held in Contempt (“Motion”), filed on 

April 25, 2023. See [ECF No. 1552]. The Court having reviewed the Motion and the record in 

this matter, and being otherwise fully advised, it is hereby 

ORDERED AND ADJUDGED that the Motion is GRANTED as set forth herein.

A party may initiate contempt proceedings by filing a motion requesting the court to issue 

an order to show cause why a party should not be held in civil contempt. Newman v. State of Ala., 

683 F.2d 1312, 1318 (11th Cir. 1982). “If the court finds that the conduct as alleged would violate 

the prior order, it enters an order requiring [the party] to show cause why [the party] should not be 

held in contempt and conducts a hearing on the matter.” Mercer v. Mitchell, 908 F.2d 763, 768 

(11th Cir. 1990). 

Case 9:20-cv-81205-RAR Document 1553 Entered on FLSD Docket 04/26/2023 Page 1 of 3
Page 2 of 3

On April 29, 2022, the Court ordered Defendant Joseph Cole Barleta to produce copies of 

all documents within Cole’s possession, custody, or control containing information relating to ten 

categories of assets in which Cole may have a personal or business interest. See Order on Motion 

to Compel [ECF No. 1222]. Cole attempted to appeal this Order numerous times and was denied 

at every turn. See Mot. at 3. On October 24, 2022, the Court entered a Final Judgment against 

Cole in the total amount of $12,140,150.32. [ECF No. 1434]. Cole appealed the Final Judgment 

and Order on Motion to Compel to the Eleventh Circuit on November 9, 2022. [ECF No. 1439]. 

Cole sought a stay of the Orders, but both this Court and the Eleventh Circuit denied those 

attempts. See Mot. at 3–4. The Receiver alleges that he has attempted multiple times to obtain 

the documents from Cole, but Cole, through counsel, has refused to produce the documents. Id.

at 4.

On April 17, 2023, during a recent status conference, [ECF No. 1547], the Receiver

indicated that he would potentially be filing the instant Motion, id. Cole argued as his purported 

justification for refusing to turn over these records that the Amended Order Appointing Receiver,

[ECF No. 141], pursuant to which the Receiver initially requested the records that are the subject 

of the Motion to Compel, as well as the Court’s Order on Motion to Compel, should no longer be 

enforceable or hold any legal effect, Mot. at 4. Cole argued that, because a Final Judgment has 

been entered against him, and the SEC (not the Receiver) holds and is responsible for collecting 

on that Final Judgment, he did not believe that the Receiver had any right to seek these records. 

Id. 

The Court made clear during the status conference that it would likely reject Cole’s

argument about the enforceability of the Amended Order Appointing Receiver and the Order on

Motion to Compel but would reserve ruling on whether Cole’s failure to turn over the documents

Case 9:20-cv-81205-RAR Document 1553 Entered on FLSD Docket 04/26/2023 Page 2 of 3
Page 3 of 3

constituted willful noncompliance with the Court’s Order on Motion to Compel. Id. Cole has still 

not produced the documents. Id. 

Accordingly, considering the allegations and evidence presented by the Receiver regarding 

the aforementioned violations of this Court’s prior Order, it is hereby 

ORDERED AND ADJUDGED as follows: 

1. The Motion [ECF No. 1552] is GRANTED. 

2. Defendant Joseph Cole Barleta shall show cause as to why he should not be held in 

civil contempt for violating the Order on Motion to Compel [ECF No. 1222] by filing a written

response to the Receiver’s Motion on or before May 12, 2023. The Receiver shall file any 

response on or before May 26, 2023. 

3. The Court will hold an evidentiary hearing on the Motion on Monday, June 5, 

2023 at 10:00 A.M. The hearing will take place in Courtroom 11-2 of the Wilkie D. Ferguson, Jr. 

United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. 

DONE AND ORDERED in Miami, Florida, this 25th day of April, 2023. 

_________________________________ 

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

Case 9:20-cv-81205-RAR Document 1553 Entered on FLSD Docket 04/26/2023 Page 3 of 3