Jose Martinez v. Robert P. Gordon et al

Filing 35

ORDER REQUIRING JUDGMENT DEBTOR TO APPEAR BEFORE DISTRICT JUDGE TO SHOW CAUSE RE CONTEMPT by Magistrate Judge Jacqueline Chooljian, re Certification of Fact of Contempt 34 . Show Cause Hearing set for 5/22/2017 10:00 AM before Judge Terry J. Hatter Jr. See Order for details. (dml)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JOSE MARTINEZ,

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Plaintiff,
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v.
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ROBERT P. GORDON, et al.,
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Defendants
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______________________________ )
I.

Case No.: 2:15-cv-00377-TJH-JC
CERTIFICATION OF FACTS
REGARDING FAILURE
TO APPEAR AT JUDGMENT
DEBTOR EXAMINATION
ORDER REQUIRING JUDGMENT
DEBTOR TO APPEAR BEFORE
DISTRICT JUDGE TO SHOW
CAUSE RE CONTEMPT
Date: May 22, 2017
Time: 10:00 a.m.
Ctrm: Courtroom 9B
First Street Courthouse
350 W. 1st Street
Los Angeles, CA 90012

CERTIFICATION OF FACTS
Pursuant to 28 U.S.C. §636(e)(6), Magistrate Judge Jacqueline Chooljian

HEREBY CERTIFIES the following facts to Senior United States District Judge
Terry J. Hatter, Jr. to consider in determining whether Judgment Debtor Paul
Yongyun Kim dba Los Altos Market (“Judgment Debtor”) should be held in
contempt:
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On January 25, 2017, Magistrate Judge Jacqueline Chooljian ordered

the Judgment Debtor to attend a judgment debtor examination before Judge

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Chooljian in Courtroom 20, Spring Street Courthouse, 312 North Spring Street,

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Los Angeles, CA (“Courtroom 20”), on March 28, 2017 at 9:30 a.m. (“March

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Order”). (Docket No. 31). The March Order included the following language:

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NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the

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time and place specified in this order, you may be subject to arrest

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and punishment for contempt of court and the court may make an

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order requiring you to pay the reasonable attorney fees incurred by

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the judgment creditor in this proceeding.

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2.

On February 12, 2017, Judgment Creditor Jose Martinez filed

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a Proof of Service reflecting that the Judgment Debtor was personally served with

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the March Order on February 1, 2017. (Docket No. 32).
3.

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On March 28, 2017, the examination of the Judgment Debtor came on

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regularly for hearing in Courtroom 20 before Judge Chooljian, but the Judgment

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Debtor did not appear. (Docket No. 33).

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II.

ORDERS

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IT IS HEREBY ORDERED:

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1.

The Judgment Creditor’s request to certify facts re contempt to

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Senior United States District Judge Terry J. Hatter, Jr., against the Judgment

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Debtor is granted.

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2.

In accordance with the Clerk’s advisement regarding scheduling

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matters before Judge Hatter, this matter is set for an Order to Show Cause hearing

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before Judge Hatter, Courtroom 9B, First Street Courthouse, 350 W. 1st Street,

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Los Angeles, CA 90012, on May 22, 2017 at 10:00 a.m.

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3.

The Judgment Debtor – Paul Yongyun Kim dba Los Altos

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Market – is ordered to appear Judge Hatter, Courtroom 9B, First Street

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Courthouse, 350 W. 1st Street, Los Angeles, CA 90012, on May 22, 2017 at

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10:00 a.m. to show cause why he should not be adjudged in contempt by

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reason of the above-certified facts.
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4.

The Judgment Creditor shall personally serve this Certification

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and Order on the Judgment Debtor not later than fourteen (14) days prior to the

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Order to Show Cause hearing and file a proof of service so reflecting not later than

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seven (7) days before the Order to Show Cause hearing.

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5.

The Clerk shall provide Judge Hatter with a copy of this Certification

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and Order forthwith.

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DATED: April 4, 2017

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_______________/s/__________________

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Honorable Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE

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