Yan v. Fu

Filing 64

ORDER TO SHOW CAUSE. Show Cause Response due by 10/13/2017. Order to Show Cause Hearing set for 10/27/2017 at 11:00 AM, Courtroom F, 15th Floor in San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 10/3/2017. (ahm, COURT STAFF) (Filed on 10/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEMAS YAN,
Appellant,

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United States District Court
Northern District of California

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Case No.11-cv-01814-RS (JSC)
ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 62
CRYSTAL LEI, et al.,
Appellees.

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These proceedings arise out of Crystal Lei’s attempt to collect a judgment she obtained

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against Demas Yan to cover attorneys’ fees and costs she incurred in connection with a Ninth

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Circuit appeal pursued by Yan. After Yan did not bring subpoenaed documents to his judgment

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debtor exam, the Court ordered him to produce the subpoenaed documents. He subsequently

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produced a few documents, but failed to produce the majority. Accordingly, at the judgment

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creditor’s request, the Court issued an Order to Show Cause why Mr. Yan should not be held in

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contempt. The Court held a hearing on August 10, 2017 at which Mr. Yan appeared in person.

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After the August 10, 2017 hearing, the Court ordered Mr. Yan to produce nine categories

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of financial documents by August 31, 2017, including: tax returns for 2014-2016, documents

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related to the Fung judgment assignment, documents related to the sale of a Hong Kong

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condominium, payments for office rent and expenses, monthly bank statements since 2014, loans

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made, trust documents, documents identifying deposit accounts, and sources of income. (Dkt.

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No. 60.) The previous Order to Show Cause was otherwise discharged.

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Creditor Crystal Lei asserts that Mr. Yan has yet to produce the financial documents. (Dkt.

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No. 62-2 ¶ 6.) Creditor seeks $6,407.50 in attorneys’ fees and costs incurred in appearing for Mr.

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Yan’s judgment debtor examination and preparing the applications for orders to show cause as a

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sanction pursuant to Federal Rule of Civil Procedure 37 and 28 U.S.C. § 1927. She also asks the

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Court to order Mr. Yan to pay $500 each day Mr. Yan fails to produce the financial documents to

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compel compliance with the Court’s order.

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The Court orders Mr. Yan to show cause why he should not (1) pay the Creditor’s

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attorneys’ fees and costs for failing to comply with the subpoena and court orders, and (2) be held

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in contempt for failing to produce the court-ordered documents. Mr. Yan’s written response must

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be filed on or before October 13, 2017. Creditor’s reply, if any, shall be filed by October 20,

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2017. The Court will hold a show cause hearing on October 27, 2017 at 11:00 a.m. The parties

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shall appear in person.
This Order terminates Docket No. 62

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: October 3, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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