Yan v. Fu

Filing 69

ORDER NO. 2 COMPELLING YAN TO PRODUCE DOCUMENTS. Signed by Magistrate Judge Jacqueline Scott Corley on 10/30/2017. (ahm, COURT STAFF) (Filed on 10/30/2017)

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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 NO.2 COMPELLING YAN TO
PRODUCE DOCUMENTS

v.
CRYSTAL LEI, et al.,

Re: Dkt. Nos. 62, 64, 65, 66, 67

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 incurred in connection with a Ninth Circuit

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

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exam, the Court ordered him to produce them. He subsequently produced a few documents, but

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failed to produce the majority. Accordingly, at the judgment creditor’s request, the Court issued

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an Order to Show Cause why Mr. Yan should not be held in contempt. The Court held a hearing

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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. No.

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60.) The previous Order to Show Cause was otherwise discharged.

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Creditor Crystal Lei asserted that Mr. Yan did not 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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At the judgment debtor’s request, the Court issued a second order to show cause why Mr.

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Yan should not (1) pay the Creditor’s attorneys’ fees and costs for failing to comply with the

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subpoena and court orders, and (2) be held in contempt for failing to produce the court-ordered

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documents. Both parties filed responses to the order to show cause (Dkt. No. 65, 66), and the

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Court held a hearing on October 27, 2017 at which the parties appeared in person. Mr. Yan

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argued that certain responsive documents were protected by attorney-client privilege.
The Court orders Mr. Yan to file with the Court by November 3, 2017, documents

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United States District Court
Northern District of California

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responsive to the judgment creditor’s request for all sources of income including but not limited to

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business invoices, documents pertaining to the Fung judgment assignment, and copies of client

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checks. The Court shall review the documents in camera to determine whether they are protected

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by attorney client privilege. The Court takes the remaining issues under submission.

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This order disposes of Docket Nos. 62 and 64, 65, 66, and 67.

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IT IS SO ORDERED.

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Dated: October 30, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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