Samuel Love v. Hector David Gutierrez et al

Filing 35

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: FAILURE TO APPEAR FOR JUDGMENT DEBTOR EXAMINATION by Magistrate Judge Karen L. Stevenson. Mr. Gutierrez is ORDERED TO SHOW CAUSE and appear on August 22, 2019 at 2:00 p.m., at the Roybal Federal Building, Courtr oom 580, 5th Floor, 255 East Temple street, Los Angeles, California, 90012, as to why the Court should not issue an order for civil contempt and require Mr. Gutierrez to pay the judgment creditor's reasonable expenses and fees incurred in appearing for the judgement debtor examination. Mr. Gutierrez may discharge the Order to Show Cause by filing on or before August 15, 2019 a brief statement (see document for further details). (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. ED CV 18-0872-DSF (KSx)
Title

Date: July 31, 2019

Samuel Love v. Hector David Gutierrez et al.

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Gay Roberson
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Creditor:

Attorneys Present for Debtor:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: FAILURE TO APPEAR
FOR JUDGMENT DEBTOR EXAMINATION

On June 5, 2019, Judgment Debtor, Hector David Gutierrez failed to appear for the
Judgment Debtor Examination. (Dkt No. 33.) The Court is now in receipt of Plaintiff’s Proposed
Certification of Fact of Contempt filed on July 23, 2019. (Dkt. No. 34.)
Accordingly, Mr. Gutierrez is ORDERED TO SHOW CAUSE and appear on August
22, 2019 at 2:00 p.m., at the Roybal Federal Building, Courtroom 580, 5th Floor, 255 East
Temple street, Los Angeles, California, 90012, as to why the Court should not issue an order
for civil contempt and require Mr. Gutierrez to pay the judgment creditor’s reasonable expenses
and fees incurred in appearing for the judgement debtor examination. Mr. Gutierrez may
discharge the Order to Show Cause by filing on or before August 15, 2019 a brief statement (no
more than 3 pages) signed under oath explaining why he failed to appear on June 5, 2019. To the
extent possible, Mr. Gutierrez shall support any factual allegations in his response with
competent evidence.
A failure to timely respond to this Order and establish good cause for his failure to
appear for the Judgment Debtor Examination will result in a certification of fact against
Mr. Gutierrez for an order of contempt of court and an order to pay the reasonable
attorney fees incurred by the judgment creditor in connection with appearing for the
examination.

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. ED CV 18-0872-DSF (KSx)
Title

Date: July 31, 2019

Samuel Love v. Hector David Gutierrez et al.

Further, the Clerk is directed to send a copy of this Order via Certified Mail (with return
receipt) to Mr. Gutierrez at the address provided on the Proof of service filed by Plaintiff Samuel
Love on May 17, 2019. (Dkt. No. 32.)
IT IS SO ORDERED.

Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

:
gr

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