Johnson v. Patel et al

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/1/19 GRANTING 35 Plaintiff's motion to continue, on the terms of this order. Damyantiban Patel SHALL personally appear at the Show Cause Hearing on 7/10/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. The Judgment Debtor Exam is CONTINUED to 7/10/2019 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney where Damyantiban Patel shall personally appear. Plaintiff shall promptly serve a copy of this order on Damyantiban Patel. Damyantiban Patel is hereby CAUTIONED that failure to appear at the hearings listed above 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. (Kastilahn, A)

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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-00573-KJM-CKD

Plaintiff,
v.

ORDER

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HASMUKHBAI PATEL, et al.

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Defendants.

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Defendant Damyantiban Patel has failed to appear at two previous judgment debtor

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examinations. (ECF Nos. 27, 31.) On January 4, 2019, the court issued an order to show cause

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and set a further judgment debtor examination for April 3, 2019. (ECF No. 32.) Plaintiff requests

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that the matter be continued 90 days to allow him to obtain effective service. (ECF No. 35.)

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Good cause appearing therefor, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to continue (ECF No. 35) is GRANTED on the terms of this order.

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2. Damyantiban Patel shall personally appear before Judge Delaney on July 10,

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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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3. A continued judgment debtor examination is set for July 10, 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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4. 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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5. 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: April 1, 2019

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