UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-cv-22718-ALTONAGA/DAMIAN

AUGUST IMAGE, LLC,

Plaintiff,

vs.

AUGE INTERNACIONAL 

MEDIA LLC,

Defendant.

_________________________________/

ORDER TO SHOW CAUSE WHY DEFENDANT

SHOULD NOT BE HELD IN CONTEMPT

THIS CAUSE is before the Court on Plaintiff, August Image, LLC’s (“Plaintiff”),

Motion for Order to Show Cause Why Defendant Should Not Be Held in Contempt, filed 

June 8, 2023. [ECF No. 22]. The Motion was referred to the undersigned by the Honorable 

Cecilia M. Altonaga, Chief United States District Judge, to take all necessary and proper 

action as required by law. [ECF No. 23]. See 28 U.S.C. § 636(b)(1)(A).

THIS COURT has considered the Motion and the pertinent portions of the record and 

is otherwise fully advised in the premises. In the Motion, Plaintiff seeks the entry of an order 

requiring Defendant, Auge Internacional Media, LLC (“Defendant”), to show cause why it

should not be held in contempt of court for failure to comply with the Court’s April 3, 2023, 

Order, which required Defendant to serve responses to Plaintiff’s First Request for Production 

and First Set of Interrogatories on or before April 17, 2023. [ECF No. 21]. 

A party seeking civil contempt must show by clear and convincing evidence that the 

alleged contemnor violated the court's prior orders. Chairs v. Burgess, 143 F.3d 1432, 1436 

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(11th Cir. 1998) (citing U.S.A v. Roberts, 858 F.2d 698 (11th Cir. 1988) “This requires proving 

that (1) the allegedly violated order was valid and lawful; (2) the order was clear and 

unambiguous; and (3) the alleged violator had the ability to comply with the order.” S.E.C. v. 

Greenberg, 105 F. Supp. 3d 1342, 1345 (S.D. Fla. 2015) (Hurley, J.) (quoting Ga. Power Co. v. 

N.L.R.B., 484 F.3d 1288, 1291 (11th Cir. 2007)).

As set forth in the Motion, on April 3, 2023, the Court ordered Defendant to serve 

responses to Plaintiff’s discovery requests in aid of execution. [ECF No. 21]. Plaintiff indicates 

it served the Court’s April 3, 2023, Order on Defendant by FedEx on April 3, 2023, but that 

Defendant has failed to respond to the discovery at issue. Mot. at ¶¶ 7-8. Plaintiff also certifies 

that a copy of its Motion was served on Defendant by U.S. Mail and email on June 8, 2023. 

Id. at ¶ 4. Finally, Plaintiff certifies that counsel has been in contact with Defendant’s 

representative regarding the underlying requests, the Motion to Compel, and the Motion 

before the Court, yet Defendant has not responded nor offered any reason to the Court for 

failing to do so. Based on a review of the record in this case and the information provided by 

Plaintiff, it appears Defendant has violated the Court’s Orders. 

Accordingly, it is hereby

ORDERED AND ADJUDGED that Plaintiff’s Motion for Order to Show Cause 

Why Defendant Should Not be Held in Contempt [ECF No. 22] is GRANTED. It is further

ORDERED that Defendant shall appear on July 6, 2023, at 2:00 pm before the 

undersigned at the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, 5th 

Floor, Miami, Florida 33128, to show cause why an order finding it in civil contempt for 

failure to comply with Plaintiff’s discovery requests and the Court’s Orders should not be 

entered against it. It is further

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ORDERED that by June 27, 2023, Plaintiff’s counsel shall mail a copy of this Order 

through certified mail (or another service providing for tracking and requiring a signature 

upon receipt) to Defendant. Plaintiff shall then file a notice of compliance evidencing service 

on Defendant. 

Defendant’s failure to comply with this Order may result in the Court finding it in 

civil contempt and imposing sanctions against them.

DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of June 2023. 

 ____________________________________ 

 MELISSA DAMIAN

UNITED STATES MAGISTRATE JUDGE

Copies to: 

Hon. Cecilia M. Altonaga, Chief United States District Judge

Counsel of Record

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