Subramanian v. QAD Inc.

Filing 220

ORDER. Plaintiff is held in contempt of 193 Order on Motion for Attorney Fees. (vrwlc1, COURT STAFF) (Filed on 1/9/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 20, 2008, the court issued an order in the above-captioned matter ordering plaintiff Mani Subramanian ("Subramanian") to pay $16,640 in attorneys' fees to defendant QAD ("QAD") by December 18, 2008. Doc #193. If Subramanian failed to MANI SUBRAMANIAN, Plaintiff, v QAD INC, WILLIAM D CONNELL and DOES 1-50, Defendants. / No C 06-3050 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

comply with the order to pay QAD, he was ordered to show cause in writing no later than December 24, 4008 why he should not be held in contempt. Id at 4.

Subramanian did not pay QAD, nor did he show cause in writing by December 24, 2008 why he should not be held in contempt. Instead, Subramanian filed a "request for clarification from and preliminary response to Judge Walker in the matter of $16,640" on

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

January 1, 2009.

Doc #216.

To the extent this submission is

intended to show cause why Subramanian should not be held in contempt, its tardiness is inexcusable. If Subramanian operated

under the impression that he could wait until the outcome of his pending Ninth Circuit appeal to comply with the court's order, see Doc #216 at 2, he did so without regard to the court's explanation that the pending appeal "does not affect the court's authority immediately to award attorneys' fees." Doc #193 at 2. Subramanian

also objects to the fee award in his request, Doc #216; however, these objections should have been raised before the court issued its November 20 order and are therefore untimely. Accordingly, the court finds Subramanian in contempt of its November 20, 2008 order (Doc #193). Subramanian is ORDERED to

pay $16,640 in attorneys' fees to QAD immediately along with $5,000 as a contempt penalty for a total of $21,640. Additionally,

Subramanian is ordered to pay an additional $5,000 if he is still in contempt on February 15, 2009.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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