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IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF MICHIGAN 

UNITED STATES OF AMERICA, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) 

 ) 

JACK V. GIACALONE, ) 

 ) 

 Defendant. ) 

_______________________________________) 

Case No. 2:15-cv-11946-GCS-RSW 

MOTION BY UNITED STATES FOR DISCOVERY SANCTION 

 The United States of America moves this Court pursuant to Rule 37(b)(2)(A) for an order 

increasing from $1,100 to $3,500, the monthly payment amount that Jack Giacalone will be 

required to pay the United States beginning on July 1, 2020. As grounds for this motion, the 

United States avers and argues as follows: 

1. On March 12, 2020, the Court entered an installment payment order [doc. 42] 

requiring Giacalone to make monthly payments to the United States in the amount of 

$1,100 (less any amount actually paid to the Internal Revenue Service for current 

taxes) beginning on April 1, 2020. The order also provides that “if Jack Giacalone 

fails to comply with any discovery orders of this Court, then upon application of the 

United States, and in addition to any other coercive sanctions the Court may impose, 

the monthly installment payment amount shall increase to $3,500.” 

2. On the same day, March 12, the Court entered a detailed order [doc. 43] compelling 

Giacalone to answer the Government’s discovery 

3. On April 6, the Court entered an order [doc. 46] granting Giacalone’s request to 

postpone the date of his first installment payment from April 1 to July 1, but 

Case 2:15-cv-11946-GCS-RSW ECF No. 47, PageID.436 Filed 06/01/20 Page 1 of 3
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emphasized that the suspension of his payment obligation did not affect his 

continuing discovery obligations in the meantime. 

4. Giacalone has not produced any of the information or documents required by the 

Court’s March 12 discovery order. 

5. Rule 37(b)(2)(A) of the Federal Rules of Civil Procedure provides that when a person 

has failed to comply with an order compelling discovery, the court may issue “further 

just orders.” The rule also provides a non-exclusive list of sanctions that might be 

imposed, including contempt. In light of this Court’s prior ruling [doc. 42] that 

Giacalone’s failure to comply with a discovery order “shall” lead to an increase in his 

monthly payment amount to $3,500, the United States at this time limits its request 

for sanctions to precisely that, the imposition of a monthly payment amount of $3,500 

(less any amount actually paid to the Internal Revenue Service for current taxes), 

beginning on July 1, 2020, and continuing until the judgment debt in this case is 

satisfied. The United States may seek additional coercive sanctions at a later date if 

Giacalone continues to flout the Court’s discovery order. 

6. Pursuant to Local Rule 7.1(a)(2), counsel conferred by telephone on June 1, 2020, but 

the parties could not concur with respect to the relief requested by way of this motion. 

7. A proposed order granting this motion is being submitted along with this motion. 

WHEREFORE, the United States moves this Court, as a discovery sanction, to increase 

the monthly payment due under Jack Giacalone’s installment payment order [doc. 42] from 

$1,100 to $3,500, less any amount actually paid to the Internal Revenue Service for current 

taxes. 

 

Case 2:15-cv-11946-GCS-RSW ECF No. 47, PageID.437 Filed 06/01/20 Page 2 of 3
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RICHARD E. ZUCKERMAN 

Principal Deputy Assistant Attorney General 

Tax Division, U.S. Department of Justice 

/s/ Philip Doyle 

Philip Doyle 

Trial Attorney, Tax Division 

U.S. Department of Justice 

Post Office Box 310 

Ben Franklin Station 

Washington, D.C. 20044 

(202) 514-9673 / Fax: (202) 514-9477 

Email: Philip.a.doyle@usdoj.gov

 

 Of Counsel: 

 Matthew J. Schneider 

 United States Attorney 

Case 2:15-cv-11946-GCS-RSW ECF No. 47, PageID.438 Filed 06/01/20 Page 3 of 3