Trustees of the Southern California IBEW-NECA Pension Plan et al v. CIE Inc et al

Filing 41

ORDER TO SHOW CAUSE BY PLAINTIFFS by Magistrate Judge Alicia G. Rosenberg. Response to Order to Show Cause due by 10/1/2013. IT IS HEREBY ORDERED that, on or before October 1, 2013, Plaintiffs show cause why they should not be sanctioned for failure to give Theodore Cummings notice of the continued judgment debtor examination. Plaintiffs shall serve a copy of this order upon Theodore Cummings. Plaintiffs shall contact the Clerk, on or before October 1, 2013, and provide contact information for Theodore Cummings. (See Order for details.) (mp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-9070-JFW (AGR )

Title

Trustees of the Southern California IBEW-NECA Pension Plan, et al. v. CIE, Inc. et al.

Present: The
Honorable

Date

Alicia G. Rosenberg, United States Magistrate Judge

Marine Pogosyan

None

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff:

Proceedings:

September 17, 2013

Tape No.

Attorneys Present for Defendants:

(In Chambers) RE ORDER TO SHOW CAUSE BY PLAINTIFFS

On August 1, 2013, Plaintiffs applied for an order requiring Theodore Cummings, an officer of
the judgment debtor, to appear for judgment debtor examination on September 17, 2013, at 10:00 a.m.
(Dkt. No. 36.) The application indicated that Mr. Cummings resides and/or does business in
Winchester, California. (Moorhead Decl. ¶ 4.)
This court granted the request. On August 6, 2013, this court issued an order for appearance of
Theodore Cummings for a judgment debtor examination on September 17, 2013 at 10:00 a.m. (Dkt. No.
37.)
On September 4, 2013, Plaintiffs requested that the examination be continued to October 22,
2013. (Dkt. No. 39.) This court granted the request and, on September 6, 2013, issued an order for
appearance on October 22, 2013, at 10:00 a.m. (Dkt. No. 40.) That order required personal service of
the order on Theodore Cummings. (Id.)
On September 17, 2013, at 10:00 a.m., Theodore Cummings appeared for the judgment debtor
examination. He was not aware that the hearing had been continued, and indicated that he was not
available on October 22, 2013.
Plaintiffs did not file a proof of personal service of the court order dated September 6, 2013.
Plaintiffs have not otherwise indicated that they notified Mr. Cummings of the continuance. Plaintiffs
have not indicated that they ever conferred with him about his availability on October 22, 2013. There
was no appearance of the Plaintiffs on September 17, 2013.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-9070-JFW (AGR )

Date

September 17, 2013

Title

Trustees of the Southern California IBEW-NECA Pension Plan, et al. v. CIE, Inc. et al.

IT IS HEREBY ORDERED that, on or before October 1, 2013, Plaintiffs show cause why they
should not be sanctioned for failure to give Theodore Cummings notice of the continued judgment
debtor examination. Plaintiffs shall serve a copy of this order upon Theodore Cummings. Plaintiffs
shall contact the Clerk, on or before October 1, 2013, and provide contact information for Theodore
Cummings.

Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

mp

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