Board of Directors of the Motion Picture Industry Pension Plan et al v. Lucky Foot Productions, Inc.

Filing 32

Order to Show Cause re Contempt by Judge Dale S. Fischer. See order for specifics. (lom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

BOARD OF DIRECTORS OF
THE MOTION PICTURE
INDUSTRY PENSION PLAN, et
al.,
Plaintiffs,

CV 19-2263 DSF (JCx)
Order to Show Cause re
Contempt

v.
LUCKY FOOT PRODUCTIONS,
INC.,
Defendant.

Plaintiffs have moved for the Court to issue an order to show cause
re contempt to Defendant Lucky Foot Productions, Inc. due to Lucky
Foot’s failure to allow inspection of its records as ordered by the Court’s
March 2, 2020 judgment. Lucky Foot did not file an opposition to the
motion. The Court deems this matter appropriate for decision without
oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15.
Based on the evidence provided, the Court finds that the issuance of
an order to show cause is appropriate. The Court declines to award
additional attorney’s fees at this time. The request for fees was not
mentioned in the title of the motion or in the notice of motion. Instead,
it was only referenced near the end of the memorandum in support of
the motion and in the proposed order. However, the Court will order
Defendant to show cause why it should not pay further fees as a part of
this order.

Defendant is ORDERED TO SHOW CAUSE why it should not be
held in contempt for failure to comply with the Court’s March 2, 2020
judgment. The Court currently anticipates that if Defendant is found
in contempt a coercive contempt sanction of $300-500 per day will be
imposed until Defendant purges itself of its contempt.
Defendant is FURTHER ORDERED TO SHOW CAUSE why it
should not be ordered to pay an additional $8,459.50 in attorney’s fees
and $409.50 in costs associated with Plaintiffs’ attempts to enforce
compliance with the judgment and as provided in the underlying
agreement between the parties.
A hearing on this order to show cause is set for October 22, 2020 at
1:30 p.m. Defendant’s written response to this order must be filed no
later than October 5, 2020. Plaintiffs’ reply is to be filed no later than
October 13, 2020. The parties are to contact the Court’s CRD two days
prior to the hearing to find out if the hearing will be in person or by
telephonic conference.
Plaintiffs are to personally serve this order on Defendant no later
than September 18, 2020.
IT IS SO ORDERED.

Date: September 14, 2020

___________________________
Dale S. Fischer
United States District Judge

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