Session v. PLM Lender Services, Inc. et al

Filing 139

ORDER SETTING EVIDENTIARY HEARING (whalc2, COURT STAFF) (Filed on 1/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BESS KENNEDY, as guardian ad litem for
LATANYA MARIE SESSION,
Plaintiff,

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ORDER SETTING
EVIDENTIARY HEARING

v.

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MONTEREY BAY RESOURCES, INC.,
TY EBRIGHT, ANN EBRIGHT,
CONTANZ FRIE, MATTHEW LOPEZ,
PLM LENDER SERVICES, INC., and
DOES 1-50,

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Defendants.

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For the Northern District of California

United States District Court

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No. C 10-04942 WHA

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/

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On January 3, 2013, Attorney Jacqueline Young, counsel for plaintiff, and Attorney

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Samuel Goldstein, counsel for defendants Monterey Bay Resources, Inc., Ty Ebright, Ann

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Ebright, Contanz Frie, and Matthew Lopez, appeared for the order to show cause hearing.

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Counsel for defendant PLM Lender Services, Inc., Attorney Patrick Kelly, did not attend the

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hearing. The order to show cause and setting the hearing ordered the parties to show cause why

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the action should not be dismissed with prejudice due to the settlement agreement (Dkt. Nos. 135

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and 137). According to Attorney Young, the action was not dismissed because (1) additional

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signatures were needed from four non-parties and (2) defendants had not yet made the first

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payments to plaintiff.

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Attorney Young stated that defendant Ann Ebright had represented that Ebright would

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procure all necessary signatures to the settlement agreement. As of January 3, however, Ms.

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Ebright had not obtained the signatures of four lenders and/or owners: Andrea Villa, Kristi

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Damico, Blasezyk Physical Therapy Retirement Plan and Trust, and the Michael Reinhold 2006
Family Trust. Additionally, defendants Monterey Bay Rources, Ty and Ann Ebright, and

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Contanz Frie were required to make a first payment of $10,000, collectively, under the settlement

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agreement. Defendant PLM Lender Services was required to make a first payment of $10,000.

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To date, plaintiff has not received any payments.

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Accordingly, the Court hereby orders that the following persons or, if not a natural person,

Andrea Villa, Kristi Damico, Blasezyk Physical Therapy Retirement Plan and Trust, and the

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Michael Reinhold 2006 Family Trust. They should be prepared to testify under oath as to why

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they have not signed the agreement. Based on Ms. Ebright’s representation that she would ensure

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that the signatures were provided, Ms. Ebright is ordered to ensure that all four non-parties listed

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above appear at the hearing and are prepared to testify on this topic. Ms. Ebright is warned that

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For the Northern District of California

the representatives, appear on JANUARY 17, 2013, AT 2:00 P.M. FOR AN EVIDENTIARY HEARING:

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United States District Court

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failure to do so may result in a contempt order against her. If, however, the requisite signatures

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are all obtained and provided to plaintiff, and Ms. Ebright files a sworn declaration to that effect

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by NOON ON JANUARY 15, the non-parties’ attendance may be excused. Ms. Ebright is also

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ordered to appear at the hearing to testify as to why she should not be found in contempt for

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failing to follow through on her representation pursuant to the settlement agreement.

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Attorneys Goldstein and Kelly are required to appear at the hearing and testify as to why

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their clients have not made the first payments to plaintiff, as provided for by the settlement

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agreement. If a payment is made by NOON ON JANUARY 15, and the attorney timely files a sworn

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declaration so stating, the attorney’s appearance at the hearing may be excused.

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Absent further Court order, all persons identified herein must attend the January 17

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hearing. As stated above, if a sworn declaration is timely filed by NOON ON JANUARY 15

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regarding a person’s full performance of his or her duties under the settlement agreement, that

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person’s attendance may be excused by the Court. Attorney Goldstein is ordered to serve this

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order on all non-parties listed above.

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IT IS SO ORDERED.
Dated: January 3, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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