Johnson v. Patel et al

Filing 48

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2020 DENYING plaintiff's request that a bench warrant be issued for defendant. (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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Plaintiff,

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No. 2:17-cv-00573-KJM-CKD

v.

ORDER

HASMUKHBAI PATEL AND
DAMYANTIBAN PATEL,
Defendants.

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On January 8, 2020, the court held a judgment-debtor examination in this matter. (ECF

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No. 46.) Plaintiff appeared through counsel and defendants, who proceed without counsel, failed

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to appear. (Id.)
At the hearing plaintiff requested the court issue a bench warrant against defendant

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Damyantiban Patel due to her failure to appear at multiple hearings. (Id.) The court took the

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matter under submission, and asked plaintiff to provide authority for issuing a bench warrant in

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similarly-situated cases. (Id.) Plaintiff did not provide the court with authority, but rather filed a

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“proposed certification of facts of contempt” and a proposed order, neither of which cite to any

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statute or case law. (See ECF No. 47.)
After considering the nature of this case, the stage of litigation, and defendant’s pro se

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status, the court declines to issue a bench warrant for defendant at this time.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request that a bench warrant be

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issued for defendant is DENIED.

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Dated: January 22, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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16/johnson.573

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