Here’s a good reason to answer discovery—if you don’t, the judge can throw you in jail until you do. In Denton v. Suter, Judge Godbey issued an Order of Civil Contempt and Coercive Incarceration (available here). In the case, plaintiffs sought post-judgment discovery from the defendant. The defendant failed to respond, and Magistrate Judge Horan entered an order (i) granting the plaintiffs’ motion to compel the defendant to respond to interrogatories and (ii) awarding the plaintiffs $27,605 for payment of reasonable and necessary fees under Rule 37(a)(5)(A). Defendant failed to comply, which resulted in plaintiffs filing a contempt motion, which Judge Horan granted, requiring the $27,605 to be paid within 10 business days. Defendant failed to answer the interrogatories or pay the $27,605. This resulted in plaintiffs filing a second motion for sanctions and contempt. Judge Horan certified facts to Judge Godbey that defendant’s conduct constituted civil contempt of the requirements of the Court’s orders.
Judge Godbey then held a show cause hearing; the defendant failed to attend. Judge Godbey then found the defendant in civil contempt, and ordered the defendant to be coercively incarcerated until he fully and completely responds to the interrogatories and pays the $27,605. Another $8,086.50 was tacked on for plaintiffs’ attorney’s fees incurred in connection with the proceedings before Judge Godbey.