Johnson v. Yaghoubian et al

Filing 83

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/7/18 GRANTING IN PART Plaintiff's proposed certification of fact of contempt 82 . Chris Camp shall personally appear before Judge Delaney on 12/12/18 at 10:00 a.m. in Courtroom No. 24 of the United States Courthouse located at 501 I Street, Sacramento, CA to SHOW CAUSE why he should not be held in contempt or have other appropriate sanctions imposed against him for failure to appear at the 10/3/18 judgment debtor examination. P laintiff shall promptly serve a copy of this order on Chris Camp at his last-known address by mail, and if possible, provide additional notice via e-mail or telephone at any last-known e-mail address or telephone number. Plaintiff shall forthwith file a proof of service on the court's docket documenting such service. Chris Camp is hereby CAUTIONED that failure to appear at the show cause hearing may result in a finding of contempt, the issuance of a bench warrant for his arrest, and/or the imposition of any other appropriate sanctions. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:16-cv-02299-TLN-CKD

Plaintiff,
v.

ORDER

MAZYAR YAGHOUBIAN, et al.
Defendants.

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At an October 3, 2018 judgment debtor examination, defendant Chris Camp failed to

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appear. (ECF No. 80.) Subsequently, on October 25, 2018, defendants Kareem Ahmed and Chris

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Camp filed a motion to vacate judgment, which is set for hearing on December 12, 2018 at 10:00

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a.m. before the undersigned. (ECF No. 81.)

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On November 2, 2018, plaintiff submitted a proposed certification of fact of contempt.

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(ECF No. 82.) There within, plaintiff requests that the court enter an order to show cause

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regarding contempt against Chris Camp based on his failure to appear. (ECF No. 82-1 at 1.)

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Having reviewed plaintiff’s request and the applicable law, the court concludes that an order to

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show cause is appropriate at this juncture. See 28 U.S.C. § 636; Fed. R. Crim. P. 42.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s proposed certification of fact of contempt (ECF No. 82) is GRANTED IN

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PART on the terms outlined in this order.
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2. Chris Camp shall personally appear before Judge Delaney on December 12, 2018 at

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10:00 a.m. in Courtroom No. 24 of the United States Courthouse located at 501 I

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Street, Sacramento, CA to SHOW CAUSE why he should not be held in contempt or

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have other appropriate sanctions imposed against him for failure to appear at the

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October 3, 2018 judgment debtor examination.

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3. Because the court is also hearing defendants’ motion to vacate judgment on December

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12, 2018, a continued judgment debtor examination will not be set at this time.

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4. Plaintiff shall promptly serve a copy of this order on Chris Camp at his last-known

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address by mail, and if possible, provide additional notice via e-mail or telephone at

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any last-known e-mail address or telephone number. Plaintiff shall forthwith file a

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proof of service on the court’s docket documenting such service.

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5. Chris Camp is hereby CAUTIONED that failure to appear at the show cause hearing

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may result in a finding of contempt, the issuance of a bench warrant for his arrest,

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and/or the imposition of any other appropriate sanctions.

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Dated: November 7, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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