TCF Inventory Finance, Inc. v. Marker Oil Company, Inc. et al

Filing 51

ORDER signed by District Judge John A. Mendez on 4/11/2018 GRANTING 38 Motion for Contempt. The Court SANCTIONS Defendants, jointly and severally, and orders them to pay $139,653.28 to TCFIF within 30 days after entry of this order as compen sation for the eight units. The Court further orders Defendants, jointly and severally, to pay an additional $15,000.00 to TCFIF within 30 days after entry of this order as reimbursement to TCFIF for its reasonable attorneys' fees and costs. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TCF INVENTORY FINANCE, INC.,

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2:17-cv-1768-JAM-DB

Plaintiff,

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No.

v.
MARKER OIL COMPANY, INC., and
BILLY LEON MARKER, JR.,

ORDER GRANTING TCF INVENTORY
FINANCE, INC.’S MOTION FOR
CONTEMPT AGAINST DEFENDANTS

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Defendants.
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On September 11, 2017, the Court issued a preliminary

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injunction against Defendants Marker Oil Company, Inc. (“Marker

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Oil”) and Billy Leon Marker, Jr. (collectively, “Defendants”)

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ordering, adjudging, and decreeing that Marker Oil and its

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officers, directors, agents, representatives, and employees, as

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well as any others acting on their behalf, are restrained from

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doing the following:

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1. Transferring any interest by sale, pledge, or grant
of security interest, or otherwise disposing of,
transferring, or encumbering the Subject Property
identified in Exhibit 1 to the Preliminary
Injunction (“Exhibit 1”);

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2. Concealing, hiding, or otherwise removing the
Subject Property identified in Exhibit 1;

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3. Impairing the value of any of the Subject Property
identified in Exhibit 1;

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4. Removing the Subject Property identified in Exhibit
1 from the principal place of business of Marker Oil
or otherwise outside of the jurisdiction of this
Judicial District; and

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5. Disposing of the proceeds from the transfer of any
interest of the Subject Property identified in
Exhibit 1 that may have occurred prior to issuance
of this Order.

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ECF No. 18.

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adjudged, and decreed that Marker Oil and its officers,

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directors, agents, representatives, and employees, as well as any

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others acting on their behalf, are required to do the following:

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1. Return the Subject Property identified in Exhibit 1
to the principal place of business of Marker Oil at
205 N. Main Street, Alturas, California 96101 or
such other location within the Judicial District
agreeable to the parties for delivery to Plaintiff
TCFIF Inventory Finance, Inc. (“TCFIF”); and

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The preliminary injunction further ordered,

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2. Maintain Marker Oil’s books and records and provide
TCFIF full access to such books and records.

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On April 6, 2018, the Court heard TCFIF’s motion for

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contempt against Defendants for violating the preliminary

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injunction.

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Thompson Coburn LLP appeared on behalf of TCFIF, Tom Gifford of

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the Law Office of Tom Gifford appeared by telephone on behalf of

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Defendants, and Mr. Marker appeared in person.

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ECF No. 38.

William R. Bay and Jeffrey N. Brown of

Following consideration of the parties’ written submissions

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and oral argument, including statements made by Mr. Marker, the

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Court grants TCFIF’s motion for contempt for the reasons stated

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upon the record and holds Defendants in contempt.

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finds that Defendants knowingly violated the preliminary

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injunction as to eight units of the Subject Property by selling

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the units and/or by removing the units from, or not returning the

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units to, Marker Oil’s principal place of business.
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The Court

The Court

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further finds that Defendants have not paid TCFIF for the eight

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sold or otherwise missing units, for which they owe TCFIF

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$139,653.28.

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The Court sanctions Defendants, jointly and severally, and

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orders them to pay $139,653.28 to TCFIF within 30 days after

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entry of this order as compensation for the eight units.

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Court further orders Defendants, jointly and severally, to pay an

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additional $15,000.00 to TCFIF within 30 days after entry of this

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order as reimbursement to TCFIF for its reasonable attorneys’

The

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fees and costs incurred in pursuing this order of contempt

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against Defendants. 1

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amounts to TCFIF, TCFIF may present further briefing to the Court

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regarding further appropriate sanctions to be entered against

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Defendants.

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If Defendants do not timely pay these

The preliminary injunction issued on September 11, 2017

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shall remain in full force and effect.

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seeks a new writ of possession pursuant to the Court's order for

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writ of possession dated September 11, 2017, ECF No. 19, TCFIF

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shall file an application with the Court to that effect.

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To the extent that TCFIF

IT IS SO ORDERED.
Dated:

April 11, 2018

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The Court reviewed and considered the Declaration of William R.
Bay concerning attorneys’ fees and costs. ECF No. 50. Although
the attorneys’ rate appears reasonable, the Court found a number
of their documented activities to be duplicative and reduced the
award accordingly.
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