Big Screen Entertainment Group Inc v. Davis

Filing 290

ORDER OF CONTEMPT by Judge A. Howard Matz. DAVIS is hereby held in Contempt of court for violation of the Final Judgment. DAVIS shall, within seven (7) days of the entry of this Order of Contempt, execute and file with the Nevada Secretary of State ( See attached Order for further information.) FURTHER ORDERED that the Clerk of this Court shall serve this Order of Contempt on DAVIS by electronic service via PACER and that BSEG shall make further service of this Order of Contempt on DAVIS by first class mail at 9903, Santa Monica Blvd Suite 342, Beverly Hills, CA 90212, the address provided by DAVIS to this Court. (jp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA || Case No. CV 06-3800 AHM (AJWx) BIG SCREEN ENTERTAINMENT, || INC., || || || Plaintiff, || [PROPOSED] || v. ORDER OF CONTEMPT || || || B.J. DAVIS, || || Defendant. || || | On June 30, 2009, Plaintiff, BIG SCREEN ENTERTAINMENT GROUP, INC. ("BSEG") filed its motion to hold Defendant B.J. DAVIS ("DAVIS") in contempt (Docket No. 273) for violation of the March 13, 2008 Final Judgment on Consent ("Final Judgment" and the "Contempt Motion"). Pursuant to the Court's Order of August 4, 2009 (Docket No. 284), the Contempt Motion came on for hearing on August 17, 2009 at 10:00 a.m.. Plaintiff, BSEG appeared through counsel, Nicholas Browning III and Michael A. Gardiner. Defendant, B.J. Davis failed to appear.

NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT

ORDER OF CONTEMPT

1

Upon considering Plaintiff's Contempt Motion, including the Declaration of

2 Kimberley Kates in support thereof, the Opposition of DAVIS filed on July 17, 2009, 3 the Reply Brief and Declaration of Michael A. Gardiner in support thereof filed on 4 July 20, 2009, the Declaration and Exhibits filed by Davis on July 24, 2009 and the 5 Defendant's Supplemental Response in Support of Opposition to Plaintiffs' Motion 6 filed on or about August 12, 2009, and following the hearing of this matter on 7 August 17, 2009 including the testimony of Kimberley Kates and the Exhibit marked 8 as Court Exhibit A, and for the reasons more fully stated in this Court's August 18, 9 2009 Order (Docket No. 287), 10 11 13 IT IS HEREBY ORDERED, as follows: 1. 2. DAVIS is hereby held in Contempt of court for violation of the Final DAVIS shall, within seven (7) days of the entry of this Order of

12 Judgment. 14 Contempt, execute and file with the Nevada Secretary of State a "Certificate of 15 Dissolution" in the form attached hereto as Exhibit "A" for (a) Big Screen 16 Entertainment Group, Inc." and (b) another such certificate for "Beverly Hills Film 17 Studios, Inc." and shall file with the Court and serve on Michael A. Gardiner, 18 counsel for BSEG herein, copies of those Certificates of Dissolution together with a 19 Declaration certifying his compliance with this paragraph 2. DAVIS shall file both 20 Certificates of Dissolution (for "Big Screen Entertainment Group, Inc." and for 21 "Beverly Hills Film Studios, Inc.") on what the Customer Order Instructions provide 22 as the "24-hour Expedite Basis" and shall pay all filing and expedite fees associated 23 with the filing and the expedite service. 24 3. If DAVIS fails to timely comply with the foregoing provisions, or either 25 of them, DAVIS shall be fined the sum of $1,000.00 per day for each day thereafter 26 until he so complies. If DAVIS fails to comply, BSEG shall file and serve on DAVIS 27 (by Mail) a Notice of Non-compliance. All fines pursuant to this Paragraph shall 28
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1 continue to accrue until DAVIS has fully complied with all of the provisions of this 2 Contempt Order. 3 4. If DAVIS fails to comply with the provisions of Paragraph 2 and then 4 fails to comply with Paragraph 3 and his failure to comply with Paragraph 3 5 continues for ten (10) days, BSEG shall file and serve on DAVIS (by Mail) a "Notice 6 of Non-compliance and Failure to Pay Fine," and BSEG shall establish such Non7 compliance by filing a sworn declaration. At that point, the Court will issue an Order 8 to Show Cause to DAVIS requiring him to show cause within 48 hours why a 9 Warrant for his arrest and coercive incarceration should not be issued. 10 5. IT IS FURTHER ORDERED that the Clerk of this Court shall serve this 11 Order of Contempt on DAVIS by electronic service via PACER and that BSEG shall 12 make further service of this Order of Contempt on DAVIS by first class mail at 9903 13 Santa Monica Blvd Suite 342, Beverly Hills, CA 90212, the address provided by 14 DAVIS to this Court. 15 16 17 18 DATED: August 21, 2009 19 20 21 22 23 24 25 26 27 28
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___________________________________ Hon. A. Howard Matz Judge of the U.S. District Court