Choice Hotels International, Inc. v. Dostel Corporation

Filing 36

ORDER HOLDING DEFENANT IN CIVIL CONTEMPT OF COURT signed by Judge Garland E. Burrell, Jr. on 2/27/2015 ORDERING that the Court finds clear and convincing evidence that Defendant is in civil contempt of court, and will consider what sanction or sanct ions should be imposed at or before the hearing Plaintiff noticed to commence at 9:00 a.m. on 3/30/2015. In light of Defendant's civil contempt, no later than five court days after this order is filed, Plaintiff shall file a proposed civil contempt order. The Clerk of the Court shall serve a copy of this order on Defendant Nilakshi Patel at the two listed addresses. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHOICE HOTELS INTERNATIONAL,
INC.,
Plaintiff,

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ORDER HOLDING DEFENANT IN CIVIL
CONTEMPT OF COURT

v.

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No. 2:11-MC-0045-GEB-AC

DOSTEL CORP., ET AL.,
Defendant.

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Defendant/Judgment

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Creditor

Nilakshi

Patel

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(“Defendant”) was ordered to appear in federal court on February

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27, 2015 for the purpose of showing cause why she should not be

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held

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assignment order filed on February 12, 2014 concerning a foreign

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judgment against her. (ECF No. 16). Defendant failed to appear at

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the hearing. The assignment order states in part:

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in

civil

contempt

for

her

failure

to

comply

Plaintiff‟s motion for assignment order (ECF
No. 11) is granted; and The right of
Defendant/Judgment Debtor Nilakshi Patel to
payment of money due or to become due from
[her]
business
activities
as
the
landlord/owner of . . . commercial real
property, and improvement thereon, commonly
known as „Universal Plaza‟ and located at
4400 47th Avenue, Sacramento, California
95824 APN 039-0052-048, is assigned to
Plaintiff/Judgment Creditor Choice Hotels
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with

the

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International Inc. with payment to „Aires
Trust Account fbo Choice Hotels International
Inc.,‟ at 180 Newport Center Drive, Suite
260, Newport Beach, CA 92660, to the extent
necessary to satisfy the judgment entered in
this action in full, which as of December 4,
2013 is $89,134.31.

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(Id. 1:25-2:5.)

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“A district court has the power to adjudge in civil

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contempt any person who [ ] disobeys a specific and definite

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order of the court.” Gifford v. Heckler, 741 F.2d 263, 265 (9th

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Cir.1984). “Judicial sanctions in civil contempt proceedings may,

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in a proper case, be employed for either or both of two purposes;

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to coerce the defendant into compliance with the court's order,

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and to compensate the complainant for losses sustained.” United

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States

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(1947); accord United States v. Bright, 596 F.3d 683, 695–96 (9th

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Cir.2010) (“Civil contempt is characterized by the court's desire

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to

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contemnor's

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noncompliance.”) (internal quotation marks omitted)).

v.

United

compel

Mine

obedience
adversary

Workers

to
for

a

of

court
the

Am.,

order

injuries

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or

U.S.

to

which

258,

303–04

compensate
result

from

the
the

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“The standard for finding a party in civil contempt is

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well settled: The moving party has the burden of showing by clear

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and convincing evidence that the contemnors violated a specific

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and definite order of the court.” In re Bennett, 298 F.3d 1059,

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1069 (9th Cir.2002). The clear and convincing evidence standard

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requires the moving party to “place in the ultimate factfinder an

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abiding conviction that the truth of its factual contentions are

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„highly probable.‟” Colorado v. New Mexico, 467 U.S. 310, 316

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(1984). Factual contentions are highly probable if the evidence

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offered in support of them “instantly tilt[s] the evidentiary
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scales in the affirmative when weighed against the evidence [the

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non-moving party] offered in opposition.” Id.

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The

Court

finds

clear

and

convincing

evidence

that

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Defendant is in civil contempt of court, and will consider what

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sanction or sanctions should be imposed at or before the hearing

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Plaintiff noticed to commence at 9:00 a.m. on March 30, 2015.

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In light of Defendant‟s civil contempt, no later than

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five court days after this order is filed, Plaintiff shall file a

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proposed civil contempt order.

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The Clerk of the Court shall serve a copy of this order

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on Defendant Nilakshi Patel at the following addresses:

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Nilakshi Patel, 4518 Maple Plain Avenue, Elk
Grove, CA 95758

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Nilakshi Patel, 4400 47th Avenue, Suite 104,
Sacramento, CA 95824.

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Dated:

February 27, 2015

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