In re: Dean Gordon Potter

Filing 72

ORDER TO SHOW CAUSE DEBTOR AND UNICO SHOULD NOT BE HELD IN CIVIL CONTEMPT. Order to Show Cause Hearing set for 8/8/2013 02:00 PM. Show Cause Response due by 7/18/2013. Signed by Judge Claudia Wilken on 7/3/2013. (ndr, COURT STAFF) (Filed on 7/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re:

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DEAN GORDON POTTER,
(Bk. No. 06-42425 RLE-11)

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United States District Court
For the Northern District of California

No. C 07-4826 CW
C 08-0800 CW
Debtor.
ORDER TO SHOW CAUSE WHY
DEBTOR AND UNICO SHOULD
NOT BE HELD IN CIVIL
CONTEMPT (Docket No. 63)

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________________________________/
UNICO Services INC.,
Plaintiff,

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v.
UNITED STATES OF AMERICA.
Defendants.
________________________________/

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On May 3, 2013, the government moved for an order to show

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cause why Debtor Dean Gordon Potter and Plaintiff Unico Services

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Inc. should not be held in civil contempt for their failure to

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comply with this Court’s March 21, 2013 scheduling order.

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government submitted evidence with its motion that Debtor and

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Unico have not fully complied with the March 21, 2013 order.

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Debtor has filed an opposition asserting that he has made all

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reasonable efforts to comply with the Court’s orders.

The

However,

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Debtor fails to support his filing with any sworn declarations or

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other evidence.

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reply, one week after Debtor’s opposition was filed, Debtor had

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not provided the government with copies of documents to which he

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referred in his opposition and which he promised to produce.

Moreover, as of the date of the government’s

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Accordingly, Debtor and Plaintiff Unico Services Inc. are

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ORDERED TO APPEAR before this Court at 2:00 p.m. on August 8, 2013

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in Courtroom 2 on the fourth floor of 1301 Clay Street, Oakland,

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California.

At that hearing Debtor and Unico must show cause why

United States District Court
For the Northern District of California

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they should not be held in contempt for failure to comply with the

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March 21, 2013 scheduling order.

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examination.

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corporate representative fail to appear at the hearing, they will

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be held in contempt and monetary sanctions will be imposed.

Debtor shall be subject to cross

If Debtor in person and Unico through counsel and a

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GOOD CAUSE APPEARING THEREFOR,

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It is further ORDERED that:

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1. Within one week of the date of this order, Debtor shall

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produce to the government all documents to which he referred

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in his response to the motion for an order to show cause,

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including but not limited to (1) the “2000 pages of

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investment records” he recently retrieved from Advantage

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Insurance Holdings, Ltd.; (2)

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domestic leasing cos.” referred to on page 8; (3) the records

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regarding the $101,500 business loss discussed at page 11;

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the “bank statements for the

2. No later than July 18, 2013, Debtor shall provide to the
government and file with the Court:
a. A sworn declaration that includes dates of
communications and attaches relevant evidence to support
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the description of his efforts to gather information

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necessary to comply with the Court’s order and any

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obstacles to compliance.

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shall include information and attach supporting

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documentation of the assets that have been liquidated to

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date, the assets that have been deposited with the

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Bankruptcy Court, and ongoing efforts to liquidate other

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assets.

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statements to support each of the contentions made on

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United States District Court
For the Northern District of California

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information and belief in Debtor’s opposition to the

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Motion for Order to Show Cause, and shall include the

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basis for such beliefs.

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In addition, the declaration

Finally, the declaration shall include

b. A written explanation of how Exhibit B to the

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Supplemental Accounting filed April 22, 2013, tracks the

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money Debtor sent offshore, including among other things

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all purchases and sales of investments, fees paid,

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interest and dividends earned, and capital gains and

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losses.

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pages of investment records “on a spreadsheet in the

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format of daily transactions of Namur that would allow

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the United States”-and the Court--“to more easily track

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each investment, purchase, sale, dividend payment, and

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interest payment” as discussed at page 4 of his May 17,

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2013 filing.

Alternatively, Debtor may organize the 2000

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c. A written explanation, with a supporting declaration

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attaching any relevant documents, to explain Debtor’s

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efforts to determine whether the disputed $96,300

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transfer was for his benefit as discussed at page 8 of

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his May 17, 2013 filing.

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d. The proposed estimate of interest or other taxable

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income earned through the foreign leasing companies and

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the reasonable amount of tax on that income that he

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offered to calculate at page 9 of his May 17, 2013

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filing.

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United States District Court
For the Northern District of California

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3. No later than July 25, 2013, the government shall file a
brief of five pages or less, discussing the adequacy of the
documents produced and filed in response to this order.
4. The case management conference previously scheduled for July

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24, 2013 is continued to August 8, 2013.

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IT IS SO ORDERED.

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Dated: 7/3/2013

CLAUDIA WILKEN
United States District Judge

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