Hayes Medical Staffing, LLC v. Eichelberg et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 0:23-CV-60748-LEIBOWITZ/AUGUSTIN-BIRCH
HAYES MEDICAL STAFFING, LLC,
Plaintiff,
v.
AMY EICHELBERG, et al.,
Defendants.
________________________________________/
ORDER GRANTING PLAINTIFF/JUDGMENT CREDITOR’S
MOTION TO COMPEL DEFENDANTS TO COMPLETE FLORIDA
RULES OF CIVIL PROCEDURE FORM 1.977 FACT INFORMATION SHEETS
This matter comes before the Court on Plaintiff Hayes Medical Staffing, LLC’s Motion to
Compel Defendants Jobot, LLC, Amy Eichelberg, Allison Patierno, and Scott Simon to Complete
Florida Rules of Civil Procedure Form 1.977 Fact Information Sheets. DE 406. Defendants Jobot,
LLC, Amy Eichelberg, and Scott Simon (collectively, “Opposing Defendants”) filed an opposition
to the Motion to Compel. DE 420. Defendant Allison Patierno did not file an opposition to the
Motion to Compel, and her deadline to do so has passed. Plaintiff filed a reply in support of the
Motion to Compel. 	DE 423. 	The Honorable David S. Leibowitz, United States District Judge,
referred the Motion to Compel to the undersigned United States Magistrate Judge. DE 418. The
Court has carefully considered the briefing and the record and is fully advised in the premises.
Following a bench trial, Judge Leibowitz entered final judgment in favor of Plaintiff and
against Defendants jointly and severally in the amount of $6,037,532 plus post-judgment interest.
DE 377. 	Plaintiff is attempting to execute on that judgment. 	The procedure for execution of a
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money judgment “must accord with the procedure of the state where the court is located, but a
federal statute governs to the extent it applies.” Fed. R. Civ. P. 69(a)(1).
Under the Florida Rules of Civil Procedure, “[i]n aid of a judgment, decree, or execution
the judgment creditor . . . may obtain discovery from any person, including the judgment debtor”
as the Rules provide. 	Fla. R. Civ. P. 1.560(a). 	In addition to other discovery available to a
judgment creditor, a “court, at the request of the judgment creditor, must order the judgment debtor
or debtors to complete form 1.977, including all required attachments, within 45 days of the order
or other reasonable time as determined by the court.” Fla. R. Civ. P. 1.560(b). “Failure to obey
the order may be considered contempt of court.” Id. Plaintiff asks for an order under Rule 1.560(b)
requiring Defendants to complete form 1.977 within 45 days.
Opposing Defendants argue that Plaintiff’s request should be denied because they moved
the 11th Circuit Court of Appeals to stay execution of the judgment pending their appeal of it. But
the 11th Circuit recently denied that motion. 	Hayes Med. Staffing, LLC v. Eichelberg,
No. 26-10070, docket entry 37 (11th Cir. Mar. 27, 2026). The motion does not present a barrier
to Defendants filling out form 1.977.
Opposing 	Defendants 	also 	argue 	that 	they 	have 	appealed 	the 	judgment. 	But
notwithstanding the appeal, execution on the judgment has not been stayed. As Plaintiff has an
executable judgment, Plaintiff may obtain discovery in aid of execution, and that discovery may
include completed form 1.977. 	Fla. R. Civ. P. 1.560(a), (b). 	Opposing Defendants have not
provided a basis for the Court to deny Plaintiff’s request for an order requiring them to complete
form 1.977 within 45 days.
Accordingly, Plaintiff’s Motion to Compel Defendants to Complete Florida Rules of Civil
Procedure Form 1.977 Fact Information Sheets [DE 406] is GRANTED. Within 45 days of the
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date of this Order, Defendants Amy Eichelberg, Allison Patierno, and Scott Simon must serve on
Plaintiff a completed form 1.977(a) for individuals, together with copies of the documents that the
form requires. 	Within 45 days of the date of this Order, Defendant Jobot, LLC must serve on
Plaintiff a completed form 1.977(b) for business entities, together with copies of the documents
that the form requires.
DONE AND ORDERED in Chambers at Fort Lauderdale, Florida, this 8th day of
April, 2026.
___________________________________
PANAYOTTA AUGUSTIN-BIRCH
UNITED STATES MAGISTRATE JUDGE
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