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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DEMAS YAN, Appellant, 8 9 10 United States District Court Northern District of California 11 Case No.11-cv-01814-RS (JSC) ORDER TO SHOW CAUSE v. Re: Dkt. No. 62 CRYSTAL LEI, et al., Appellees. 12 13 These proceedings arise out of Crystal Lei’s attempt to collect a judgment she obtained 14 against Demas Yan to cover attorneys’ fees and costs she incurred in connection with a Ninth 15 Circuit appeal pursued by Yan. After Yan did not bring subpoenaed documents to his judgment 16 debtor exam, the Court ordered him to produce the subpoenaed documents. He subsequently 17 produced a few documents, but failed to produce the majority. Accordingly, at the judgment 18 creditor’s request, the Court issued an Order to Show Cause why Mr. Yan should not be held in 19 contempt. The Court held a hearing on August 10, 2017 at which Mr. Yan appeared in person. 20 After the August 10, 2017 hearing, the Court ordered Mr. Yan to produce nine categories 21 of financial documents by August 31, 2017, including: tax returns for 2014-2016, documents 22 related to the Fung judgment assignment, documents related to the sale of a Hong Kong 23 condominium, payments for office rent and expenses, monthly bank statements since 2014, loans 24 made, trust documents, documents identifying deposit accounts, and sources of income. (Dkt. 25 No. 60.) The previous Order to Show Cause was otherwise discharged. 26 Creditor Crystal Lei asserts that Mr. Yan has yet to produce the financial documents. (Dkt. 27 No. 62-2 ¶ 6.) Creditor seeks $6,407.50 in attorneys’ fees and costs incurred in appearing for Mr. 28 Yan’s judgment debtor examination and preparing the applications for orders to show cause as a 1 sanction pursuant to Federal Rule of Civil Procedure 37 and 28 U.S.C. § 1927. She also asks the 2 Court to order Mr. Yan to pay $500 each day Mr. Yan fails to produce the financial documents to 3 compel compliance with the Court’s order. 4 The Court orders Mr. Yan to show cause why he should not (1) pay the Creditor’s 5 attorneys’ fees and costs for failing to comply with the subpoena and court orders, and (2) be held 6 in contempt for failing to produce the court-ordered documents. Mr. Yan’s written response must 7 be filed on or before October 13, 2017. Creditor’s reply, if any, shall be filed by October 20, 8 2017. The Court will hold a show cause hearing on October 27, 2017 at 11:00 a.m. The parties 9 shall appear in person. This Order terminates Docket No. 62 11 United States District Court Northern District of California 10 IT IS SO ORDERED. 12 Dated: October 3, 2017 13 14 JACQUELINE SCOTT CORLEY United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?