Yeager et al v. Bowlin et al

Filing 198

ORDER TO SHOW CAUSE re: CONTEMPT signed by Magistrate Judge Carolyn K. Delaney on 1/9/2014 DENYING WITHOUT PREJUDICE the Request for the Issuance of a Bench Warrant as to Victoria Yeager; ORDERING Deponent Victoria Yeager to SHOW CAUSE in writing, by 1/22/2014, as to why she should not be held in contempt for failure to comply with the courts 193 Order; ALLOWING the defendants to submit in writing, by 1/22/2014, brief points and authorities in support of the Request for the Issuance of a Bench Warrant; ORDERING Attorney Don Lesser to submit, by 1/22/2014, a Request to Withdraw as Attorney of Record; DIRECTING the Clerk of Court to serve this order and all further orders of the court on Plaintiff Charles Yeager and Deponent Victoria Yeager at 15995 Pleasant Valley Road, Penn Valley, CA 95946. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES YEAGER, et al.,

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Plaintiffs,

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v.

ORDER AND

CONNIE BOWLIN, et al.,

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No. 2:08-cv-0102 WBS CKD

ORDER TO SHOW CAUSE RE: CONTEMPT

Defendants.

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This matter came on regularly for hearing January 8, 2014 for a judgment debtor

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examination of deponent Victoria Yeager. No appearance was made for plaintiff or the deponent.

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Mark Serlin appeared for defendants and judgment creditors . Upon review of the docket and

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hearing the arguments of counsel, and good cause appearing therefor, THE COURT FINDS AS

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FOLLOWS:
In this action plaintiff Charles Yeager is a judgment debtor. His wife, Victoria Yeager,

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was ordered to appear personally on January 8, 2014 before the undersigned for an examination

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to answer concerning property of the judgment debtor in her possession or control. ECF No. 192.

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See Fed. R. Civ. P. 69; Cal. Code Civ. P. §§ 708.110-708.205. The order was personally served

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on Victoria Yeager on December 9, 2013. ECF No. 194. At the appointed time for examination,

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Victoria Yeager failed to appear.

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Defendants requested issuance of a bench warrant for arrest of Victoria Yeager for

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violation of the court order. That request will be denied without prejudice. Deponent Victoria

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Yeager, however, will be directed to show cause why she should not be held in contempt for

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violation of the court’s order.

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At the hearing, defense counsel represented that plaintiff’s attorney of record, Don Lesser,

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no longer represents plaintiff for purposes of the judgment debtor proceedings. Counsel will be

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afforded an opportunity to withdraw as attorney of record.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Deponent Victoria Yeager is ordered to show cause in writing, no later than January

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22, 2014, why she should not be held in contempt for failure to comply with the court’s order

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directing her appearance for a judgment debtor examination.

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2. No later than January 22, 2014, defendants may submit by letter brief points and
authorities in support of the request for issuance of a bench warrant.
3. No later than January 22, 2014, counsel Don Lesser may submit a request to withdraw
as attorney of record for plaintiffs.
4. The Clerk of Court is directed to serve a copy of this order and all further orders of the

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court on plaintiff Charles Yeager and deponent Victoria Yeager at 15995 Pleasant Valley Road,

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Penn Valley, CA 95946.

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Dated: January 9, 2014

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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