MW Capital Funding, Inc. v. Magnum Health And Rehab Of Monroe, LLC, 16-14459. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190412985
Visitors: 15
Filed: Apr. 11, 2019
Latest Update: Apr. 11, 2019
Summary: ORDER DENYING BENCHMARK'S MOTION FOR CONTEMPT (DOC. 139) GEORGE CARAM STEEH , District Judge . Before the court is Benchmark Healthcare Consultants, LLC's motion to find MICHA US, LLC, in civil contempt. Benchmark contends that MICHA should be held in contempt for failing to comply with the court's February 19, 2019 order requiring MICHA to submit payment to Benchmark within fourteen days. Rather than immediately comply with the court's order, MICHA timely sought reconsideration, which was
Summary: ORDER DENYING BENCHMARK'S MOTION FOR CONTEMPT (DOC. 139) GEORGE CARAM STEEH , District Judge . Before the court is Benchmark Healthcare Consultants, LLC's motion to find MICHA US, LLC, in civil contempt. Benchmark contends that MICHA should be held in contempt for failing to comply with the court's February 19, 2019 order requiring MICHA to submit payment to Benchmark within fourteen days. Rather than immediately comply with the court's order, MICHA timely sought reconsideration, which was d..
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ORDER DENYING BENCHMARK'S MOTION FOR CONTEMPT (DOC. 139)
GEORGE CARAM STEEH, District Judge.
Before the court is Benchmark Healthcare Consultants, LLC's motion to find MICHA US, LLC, in civil contempt. Benchmark contends that MICHA should be held in contempt for failing to comply with the court's February 19, 2019 order requiring MICHA to submit payment to Benchmark within fourteen days. Rather than immediately comply with the court's order, MICHA timely sought reconsideration, which was denied, and then filed a notice of appeal, which is its right. MICHA also obtained a supersedeas bond. Under the circumstances, a finding of contempt is not appropriate. Moreover, a money judgment is properly enforced by a writ of execution, not a motion for contempt. See Fed. R. Civ. P. 69 ("a money judgment is enforced by a writ of execution"); In re Snorden, 559 B.R. 857, 861 (Bankr. W.D. Mich. 2016).
Accordingly, IT IS HEREBY ORDERED that Benchmark's motion for contempt is DENIED.
Source: Leagle
