Johnson v. Patel et al

Filing 32

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/2019 ORDERING Damyantiban Patel shall personally appear before Judge Delaney on 4/3/2019 at 10:00 a.m. in Courtroom No. 24 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 10/24/2018 judgment debtor examination and the 1/2/2019 show cause hearing. A continued judgment debtor examination is set for 4/3/2019 at 10:00 a.m. in Courtroom No. 24 before Judge Delaney. Damyantiban Patel shall personally appear for that judgment debtor examination. (Zignago, K.)

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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. 2:17-cv-0573-KJM-CKD

Plaintiff,
v.

ORDER

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HASMUKHBAI PATEL, et al.

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Defendants.

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On October 24, 2018, defendant Damyantiban Patel failed to appear at a judgment debtor

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examination. (ECF No. 27.) Subsequently, plaintiff submitted a proposed certification of fact of

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contempt, which the court granted in part on November 8, 2018. (ECF Nos. 28, 29.) The court

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ordered Damyantiban Patel to appear on January 2, 2019 and show cause why he should not be

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held in contempt or have other appropriate sanctions imposed against him for failing to appear at

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the judgment debtor examination. (ECF No. 29 at 1-2.) Plaintiff was ordered to serve defendant

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with a copy of the court’s order and to file a proof of service with the court. (Id. at 2.)

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On November 20, 2018, plaintiff provided a proof of service indicating that defendant was

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served by mail at the address associated with the property at the heart of this matter. (ECF No.

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30.) However, the proof of service was not signed.

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On January 2, 2019, Damyantiban Patel failed to appear. Plaintiff requested that an

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additional order to show cause be issued and a further judgment debtor examination be scheduled.
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Having reviewed plaintiff’s request and the applicable law, the court concludes that an additional

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order to 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. Damyantiban Patel shall personally appear before Judge Delaney on April 3,

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2019 at 10:00 a.m. in Courtroom No. 24 of the United States Courthouse located at

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501 I Street, Sacramento, CA to SHOW CAUSE why he should not be held in

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contempt or have other appropriate sanctions imposed against him for failure to appear

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at the October 24, 2018 judgment debtor examination and the January 2, 2019 show

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cause hearing.

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2. A continued judgment debtor examination is set for April 3, 2019 at 10:00 a.m. in

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Courtroom No. 24 of the United States Courthouse located at 501 I Street,

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Sacramento, CA before Judge Delaney. Damyantiban Patel shall personally appear

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for that judgment debtor examination.

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3. Plaintiff shall promptly serve a copy of this order on Damyantiban Patel at his last-

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known address by personal service, and if possible, provide additional notice via e-

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mail or telephone at any last-known e-mail address or telephone number. Plaintiff

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shall forthwith file a proof of service on the court’s docket documenting such service.

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4. Damyantiban Patel is hereby CAUTIONED that failure to appear at the continued

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show cause hearing and the continued judgment debtor examination may result in a

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finding of contempt, the issuance of a bench warrant for his arrest, and/or the

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imposition of any other appropriate sanctions.

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Dated: January 4, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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