Daniel Lopez v. Zubair M. Bholat et al

Filing 57

CERTIFICATION AND ORDER TO SHOW CAUSE RE CONTEMPT by Magistrate Judge Charles F. Eick. It is Ordered that Zubair M. Bholat shall appear on 8/29/16, at 8:30 a.m. in Courtroom 1 before the Honorable S. James Otero, U.S. District Judge, and then and there shall show cause, if there be any, why Bholat should not be adjudged in contempt by reason of the facts certified herein. (See document for further details.) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DANIEL LOPEZ,

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Plaintiff,
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v.
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ZUBAIR BHOLAT, et al.,
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Defendant.
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___________________________________)

NO. CV 14-7087-SJO(Ex)

CERTIFICATION AND ORDER
TO SHOW CAUSE RE CONTEMPT

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IT IS ORDERED that Zubair M. Bholat (“Bholat”) shall appear on

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August 29, 2016, at 8:30 a.m., in Courtroom 1 before the Honorable

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S. James Otero, United States District Judge, and then and there

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shall show cause, if there be any, why Bholat should not be adjudged

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in contempt by reason of the facts certified herein.

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In accordance with 28 U.S.C. section 636(e), the Magistrate
Judge certifies the following facts:1

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1.

On February 5, 2015, this Court entered a Default Judgment

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against Bholat and in favor of Plaintiff.

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2.

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Appearance and Examination re: Enforcement of Judgment,” seeking

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an order that Bholat appear before the Magistrate Judge for a

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On June 19, 2015, Plaintiff filed an “Application for

judgment debtor examination.

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3.

On June 24, 2015, the Magistrate Judge issued an “Order to

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Appear for Examination re: Enforcement of Judgment,” requiring

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that Bholat appear before the Magistrate Judge on August 7,

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2015, in Courtroom 20 at 9:30 a.m. for a judgment debtor

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examination.

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4.

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continuing the judgment debtor examination of Bholat until

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November 13, 2015, at 9:30 a.m. in Courtroom 20.

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On August 3, 2015, the Magistrate Judge filed an order

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1/

The question of whether Bholat should be held in contempt on
these certified facts, and the question of the appropriate
sanctions to be imposed, if any, are commended to the District
Judge for his consideration. See 28 U.S.C. § 636(e); see also
Bingman v. Ward, 100 F.3d 653, 658 (9th Cir. 1996), cert. denied,
520 U.S. 1188 (1997); Taberer v. Armstrong World Industries,
Inc., 954 F.2d 888, 903-908 (3rd Cir. 1992). The limited
contempt powers granted to Magistrate Judges in the “Federal
Courts Improvement Act of 2000” do not extend to the
circumstances presented in the instant case. See 28 U.S.C. §
636(e).
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5.

A proof of service filed by Plaintiff on August 16, 2015,

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purportedly reflects an August 10, 2015 personal service on

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Bholat of the Magistrate Judge’s order continuing the judgment

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debtor examination until November 13, 2015.

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On November 13, 2015, at 9:30 a.m. in Courtroom 20,

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counsel for Plaintiff appeared for Bholat’s examination but

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Bholat failed to appear at that time and place.

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7.

On April 20, 2016, Plaintiff filed another

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“Application for Appearance and Examination re: Enforcement

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of Judgment,” seeking another order that Bholat appear

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before the Magistrate Judge for a judgment debtor

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examination.

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8.

On April 22, 2016, the Magistrate Judge issued an

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“Order to Appear for Examination re: Enforcement of

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Judgment,” requiring that Bholat appear before the

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Magistrate Judge on June 24, 2016, in Courtroom 20 at 9:30

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a.m. for a judgment debtor examination.

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9.

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purportedly reflects an April 30, 2016 personal service on

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Bholat of the Magistrate Judge’s “Order to Appear for

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Examination re: Enforcement of Judgment.”

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A proof of service filed by Plaintiff on May 8, 2016,

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On June 24, 2016, at 9:30 a.m. in Courtroom 20,

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counsel for Plaintiff appeared for Bholat’s examination but

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Bholat failed to appear at that time and place.

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DATED: June 27, 2016

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/S/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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