Pharmaniaga Berhad v. E*Healthline.com, Inc.

Filing 89

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 12/6/18 CONTINUING that the judgment debtor examination to 12/19/18 at 10:00 a.m., in Courtroom No. 8; Respondent shall appear to Show Cause why Sanctions should not be imposed for its failure to appear at the 11/28/18 judgment debtor examination, including the payment of the fees of the court reporter and attorney's fees incurred as a result of that failure to appear, as set forth in the declaration filed by petitioner's counsel. 88 ; Respondent is admonished that failure to comply with this order will result in the imposition of further sanctions and an order to show cause in re contempt. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHARMANIAGA BERHAD, a Malaysian
entity,
Petitioner,

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ORDER TO SHOW CAUSE
v.

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No. 2:17-cv-2672-MCE-EFB

E*HEALTHLINE.COM. INC., a Delaware
corporation,

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Respondent.

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On September 7, 2018, the court granted petitioner Pharmaniaga Berhad’s motion for

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confirmation of a foreign arbitral award and entered judgment against respondent

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E*Healthline.com, Inc. and in petitioner’s favor in the amount of £2,000,000.00 (at a post-award

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interest rate of 4% per annum) and $872,953 (at a post-award interest rate of 3% per annum).1

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ECF Nos. 54, 55. The court subsequently granted petitioner’s application for an order for

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appearance and examination and ordered respondent to appear for a judgment debtor examination

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on November 28, 2018. On that date, attorney Patrick O’Brien appeared on behalf of petitioner.

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This case was referred to the undersigned pursuant to Local Rule 302(c)(11). See 28
U.S.C. § 636(b)(1).
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In violation of the court’s order, respondent failed to appear despite having actual notice of the

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scheduled judgment debtor examination.2

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In light of respondent’s failure to appear, it is hereby ORDERED that:

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1. The judgment debtor examination is continued to December 19, 2018 at 10:00 a.m., in

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Courtroom No. 8.
2. Respondent shall appear before the court on December 19, 2018 at 10:00 a.m., in

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Courtroom No. 8, to show cause why sanctions should not be imposed for its failure to appear at

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the November 28, 2018 judgment debtor examination, including the payment of the fees of the

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court reporter and attorney’s fees incurred as a result of that failure to appear, as set forth in the

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declaration filed by petitioner’s counsel. See ECF No. 88.
3. Respondent is admonished that failure to comply with this order will result in the

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imposition of further sanctions and an order to show cause in re contempt.

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DATED: December 6, 2018.

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Respondent filed an opposition to petitioner’s application for an order for appearance
and examination. ECF No. 68. It also submitted a request to continue the judgment debtor
examination, but the request was filed less than 15 minutes before the close of business the day
preceding the examination. ECF No. 83. Thus, it is clear that respondent had actual notice of the
judgment debtor examination set for November 28, 2018.
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