United States of America v. Michael Kevin McGee

Filing 28

ORDER TO SHOW CAUSE RE CONTEMPT FOR FAILURE TO APPEAR AT JUDGMENT DEBTOR EXAMINATIONS by Judge Audrey B. Collins: Based on these facts, the Court ORDERS MR. MCGEE TO SHOW CAUSE why he should not be found in civil contempt based upon his non-appearanc e at his debtor examinations, as ordered, on October 21, 2010 and March 1, 2011. A hearing on this Order to Show Cause shall take place before Chief Judge Audrey B. Collins on June 20, 2011 at 10:00 a.m. in Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012. If MR. MCGEE objects to being held in civil contempt, he shall file a legal memorandum of points and authorities containing his objections no later than May 23, 2011. The government may file a respo nse no later than June 6, 2011. The government is ORDERED to personally serve this Order on MR. MCGEE and file proof of that service no later than May 9, 2011. MR. MGCEE is advised that, should he fail to appear before this Court on the date and time ordered, among the civil penalties to which he may be subject are fines and imprisonment, and a bench warrant may be issued for his arrest. MR. MCGEE is also urged to consider retaining counsel for the June 20, 2011 hearing. (see document for further details) (bm)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

WESTERN DIVISION

12
13

UNITED STATES OF AMERICA,

14

Plaintiff,
v.

15
16

CV 10-6068 ABC (AGRx)
ORDER TO SHOW CAUSE RE CONTEMPT
FOR FAILURE TO APPEAR AT
JUDGMENT DEBTOR EXAMINATIONS

MICHAEL KEVIN MCGEE,
Defendant.

17
18
19
20
21

Defendant and Judgment Debtor Michael Kevin McGee was ordered to

22

appear for judgment debtor examinations on at least two different

23

occasions, on October 21, 2010 at 9:00 a.m., 2010 before Magistrate

24

Judge Rosalyn Chapman and March 1, 2011, at 10:00 a.m., before

25

Magistrate Judge Alicia G. Rosenberg, but he did not appear at either

26

time.

27

Show Cause why Plaintiff should not be held in contempt for failing to

28

appear.

Plaintiff and Judgment Creditor government requests an Order to

1
The Court accepts the facts certified by Magistrate Judge
2
Rosenberg pursuant to 28 U.S.C. § 636(e)(6) (Docket No. 27):
3
4
1.

On August 23, 2010, Judge Rosalyn Chapman ordered Judgment

5
Debtor McGee to attend his examination before Judge Chapman on October
6
21, 2010 at 9:00 a.m.

(Docket No. 11.)

The Order included the

7
following language in capital letters:
8
9
NOTICE TO JUDGMENT DEBTOR. IF YOU FAIL TO APPEAR
10
AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU
11
MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR
12
CONTEMPT OF COURT, AND THE COURT MAY MAKE AN ORDER
13
REQUIRING YOU TO PAY THE REASONABLE ATTORNEY’S
14
FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS
15
PROCEEDING.

See CCP 708.110(e).

16
17
2.

The Order was personally served on judgment debtor MCGEE on

18
August 30, 2010 by a registered process server.

(Docket No. 12).

19
3.

On October 21, 2010, the examination of judgment debtor MCGEE

20
came on regularly for hearing before Judge Rosalyn Chapman; however,
21
judgment debtor MCGEE did not appear.

(Docket No. 13).

22
4.

On October 26, 2010, Judge Chapman continued judgment debtor

23
MCGEE’s examination to December 16, 2010 at 9:00 a.m. (Docket No 15).
24
This Order also contained the warning in capital letters:
25
26
NOTICE TO JUDGMENT DEBTOR.

IF YOU FAIL TO APPEAR

27
AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU
28
MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR
2

1
CONTEMPT OF COURT, AND THE COURT MAY MAKE AN ORDER
2
REQUIRING YOU TO PAY THE REASONABLE ATTORNEY’S
3
FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS
4
PROCEEDING.

See CCP 708.110(e).

5
6
5.

The docket reflects that on November 9, 2010, a proof of

7
service was filed showing that the Order was personally served on
8
judgment debtor MCGEE on November 2, 2010 by a registered process
9
derver. (Docket No. 16).
10
6.

The case was reassigned to Honorable Alicia G. Rosenberg on

11
November 29. 2010 and the examination of judgment debtor MCGEE was
12
moved to Courtroom D at 10:00 a.m.

(Docket No. 18.)

It is not clear

13
if judgment debtor MCGEE had notice of the change of time and
14
courtroom of the hearing.
15
7.

Judgment debtor MCGEE did not appear on December 16, 2010 in

16
Courtroom D at 10:00 a.m.

(Docket No. 19.)

17
8.

On January 18, 2011, Judge Rosenberg continued judgment

18
debtor MCGEE’s examination to March 1, 2011 at 10:00 a.m.

(Docket No.

19
22.)

This Order also contained the warning in capital letters:

20
21
NOTICE TO JUDGMENT DEBTOR.

IF YOU FAIL TO APPEAR

22
AT THE TIME AND PLACE SPECIFIED IN THIS ORDER, YOU
23
MAY BE SUBJECT TO ARREST AND PUNISHMENT FOR
24
CONTEMPT OF COURT, AND THE COURT MAY MAKE AN ORDER
25
REQUIRING YOU TO PAY THE REASONABLE ATTORNEY’S
26
FEES INCURRED BY THE JUDGMENT CREDITOR IN THIS
27
PROCEEDING.

See CCP 708.110(e).

28
3

1
9.

The Order was personally served on judgment debtor MCGEE on

2
January 27, 2011 by registered process server.

(Docket No. 24.)

3
10.

On March 1, 2011, the examination of judgment debtor MCGEE

4
came on regularly for hearing before Judge Alicia Rosenberg; however,
5
judgment debtor MCGEE did not appear.

(Docket No. 25.)

6
11.

Judgment debtor MCGEE willfully failed to comply with the

7
Court’s Order of January 18, 2011, by failing to appear for his
8
examination on March 1, 2011.
9
12.

As a result of these post-judgment proceedings, judgment

10
creditor Government has incurred reasonable attorney’s fees and costs
11
in an amount to be determined.
12
13
Based on these facts, the Court ORDERS MR. MCGEE TO SHOW CAUSE
14
why he should not be found in civil contempt based upon his non15
appearance at his debtor examinations, as ordered, on October 21, 2010
16
and March 1, 2011.

A hearing on this Order to Show Cause shall take

17
place before Chief Judge Audrey B. Collins on June 20, 2011 at 10:00
18
a.m. in Courtroom 680, Roybal Federal Building, 255 East Temple
19
Street, Los Angeles, California 90012.
20
If MR. MCGEE objects to being held in civil contempt, he shall
21
file a legal memorandum of points and authorities containing his
22
objections no later than May 23, 2011.

The government may file a

23
response no later than June 6, 2011.
24
The government is ORDERED to personally serve this Order on MR.
25
MCGEE and file proof of that service no later than May 9, 2011.
26
MR. MGCEE is advised that, should he fail to appear before this
27
Court on the date and time ordered, among the civil penalties to which
28
4

1
he may be subject are fines and imprisonment, and a bench warrant may
2
be issued for his arrest.
3
MR. MCGEE is also urged to consider retaining counsel for the
4
June 20, 2011 hearing.
5
6
IT IS SO ORDERED.
7
8

DATED:

April 28, 2011

9

_______________________________
AUDREY B. COLLINS
CHIEF UNITED STATES DISTRICT JUDGE

10
11
12

CC: Michael Kevin McGee
Certified mail

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5