Securities And Exchange Commission v. The Children's Internet, Inc. et al

Filing 330

ORDER TEMPORARILY VACATING HEARING FOR CONTEMPT AND ORDERING PERIODIC BRIEFING ON DEFENDANT POYNER'S MEDICAL CONDITION re 329 Response ( Non Motion ) filed by Securities And Exchange Commission, 328 Declaration in Support filed by Cort L. Poyner. Signed by Judge Claudia Wilken on December 3, 2009. (cwlc1, COURT STAFF) (Filed on 12/3/2009)

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 v. CHILDREN'S INTERNET INC., et al., Defendants. / SECURITIES AND EXCHANGE COMMISSION, Plaintiff, No. C 06-06003 CW ORDER TEMPORARILY VACATING HEARING FOR CONTEMPT AND ORDERING PERIODIC BRIEFING ON DEFENDANT POYNER'S MEDICAL CONDITION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

An evidentiary hearing is set for December 4, 2009 on Plaintiff's motion for civil contempt and remedial sanctions against Defendant Cort L. Poyner. On December 2, 2009, a

declaration was filed by Thomas J. LoSavio, Mr. Poyner's attorney. Mr. LoSavio states that Mr. Poyner is hospitalized in the intensive care unit at Jackson Memorial Hospital in Miami, Florida and that Mr. Poyner is unable to travel to attend the December 4 hearing and has been unable to assist in his defense. Mr. LoSavio submits a

declaration from Marcie McNeely, who has power of attorney for Mr. Poyner and is making decisions regarding his medical care. McNeely declares that Mr. Poyner has several serious health problems and recently his health has declined such that there have been instances where he has been placed on a respirator and feeding machine. Based upon these representations, Mr. LoSavio requests an Ms.

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

indefinite continuance of the contempt hearing until Mr. Poyner's condition improves. Plaintiff has responded that, in light of the declarations of Mr. LoSavio and Ms. McNeely regarding Mr. Poyner's current medical condition, it does not object to a postponement of the December 4 evidentiary hearing. However, Plaintiff disagrees with Mr.

LoSavio's request that the hearing be postponed indefinitely. Plaintiff requests that the Court order Mr. LoSavio to file and serve a written update, with supporting materials, on Mr. Poyner's condition within the next forty days and to provide periodic email updates to Plaintiff during those forty days. Plaintiff requests

that, in forty days, after review of the update on Mr. Poyner's medical condition, the Court make a determination regarding a new hearing date. Having considered the papers filed by the parties, the Court hereby temporarily vacates the evidentiary hearing set for December 4, 2009. Mr. LoSavio is ordered to file a written update, with

supporting medical documentation, regarding Mr. Poyner's medical condition within forty days from the date of this Order. Mr.

LoSavio is also ordered to provide periodic email updates to Plaintiff during those forty days. A new date for the evidentiary

hearing will be set after the Court receives and reviews Mr. LoSavio's written update. IT IS SO ORDERED.

Dated: December 3, 2009

CLAUDIA WILKEN United States District Judge

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