Entrepreneur Media, Inc.v. Smith

Filing 135

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/23/2013 ORDERING EMI's counsel shall file a declaration indicating the costs and fees incurred as a result of Mr. Smith's failure to appear at the 4/17/2013 Judgment Debt or Examination, as well as the fees incurred in drafting the filing such a declaration by 4/29/2013; Smith shall show cause, in writing, why he should not be sanctioned for failing to appear by 5/6/2013; Judgment Debtor Examination of Smith is CONTINUED to 6/5/2013 at 09:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC.,
Plaintiff,

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No. 2:10-mc-55-JAM-EFB

vs.
SCOTT SMITH dba
ENTREPRENEURPR,

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Defendant.
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ORDER TO SHOW CAUSE
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On April 17, 2013, this case was before the undersigned for a judgment debtor

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examination of defendant and judgment debtor Scott Smith. Dckt. Nos. 121, 133. The

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examination was scheduled to commence at 9:30 a.m. Id. However, because Mr. Smith did not

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arrive on time, the court held a hearing at approximately 10:15 a.m. to discuss the status of the

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judgment debtor examination. Dckt. No. 134. Attorney David Cook appeared at the hearing on

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behalf of judgment creditor and plaintiff Entrepreneur Media, Inc. (“EMI”); attorney Eric Mewes

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appeared on behalf of Mr. Smith. At the hearing, Mr. Mewes indicated that Mr. Smith would be

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arriving for the judgment debtor examination by 11:00 a.m. Therefore, the court instructed the

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parties to wait until then. The court also indicated that it would order Mr. Smith to show cause

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why he should not be sanctioned for his late appearance and/or why he should not have to

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reimburse EMI for its court reporter costs and/or its attorney’s fees incurred as a result of that
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late appearance. See E.D. Cal. L.R. 110 (“Failure of counsel or of a party to comply with these

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Rules or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.”); see also

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E.D. Cal. L.R. 183 (“Any individual representing himself or herself without an attorney is bound

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by the Federal Rules of Civil or Criminal Procedure and by these Local Rules.”).

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At approximately 11:20 a.m., because Mr. Smith had not yet arrived, the court held a

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further hearing, at which both Mr. Cook and Mr. Mewes appeared. Dckt. No. 134. Because it

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was unclear when Mr. Smith would be arriving, the court indicated that the judgment debtor

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examination would be continued to a later date and that Mr. Smith would be ordered to show

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cause why he should not be sanctioned for failing to appear and/or why he should not have to

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reimburse EMI for its court reporter costs and its attorney’s fees incurred as a result of that

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missed appearance.

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Accordingly, IT IS HEREBY ORDERED that:

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1. On or before April 29, 2013, EMI’s counsel shall file a declaration indicating the costs

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and fees incurred as a result of Mr. Smith’s failure to appear at the April 17, 2013 judgment

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debtor examination, as well as the fees incurred in drafting and filing such a declaration.

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2. On or before May 6, 2013, Smith shall show cause, in writing, why he should not be

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sanctioned for failing to appear at the April 17, 2013 judgment debtor examination and why he

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should not have to reimburse EMI for its court reporter costs and/or its attorney’s fees incurred

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as a result of that failure to appear, as set forth in any declaration filed by EMI’s counsel.

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3. Failure of Mr. Smith to respond to this order to show cause may result in the

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imposition of sanctions.

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4. The April 17, 2013 judgment debtor examination of Smith, Dckt. Nos. 121 and 133, is

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continued to June 5, 2013 at 9:30 a.m. in Courtroom No. 8.

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Dated: April 23, 2013.

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