Craters & Freighters v. Daisychain Enterprises et al

Filing 172

ORDER DIRECTING DEFENDANTS TO COMPLY WITH COURT'S ORDERS. Signed by Judge Wilken on 7/15/2014. (cwlc1, COURT STAFF) (Filed on 7/15/2014)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

No. C 09-04531 CW
CRATERS & FREIGHTERS,
Plaintiff,

6
7
8
9

United States District Court
For the Northern District of California

10
11
12

ORDER DIRECTING
DEFENDANTS TO COMPLY
WITH COURT’S ORDERS

v.
DAISYCHAIN ENTERPRISES, dba
FREIGHT & CRATE; CATHY BENZ; and
FRED BENZ.
Defendants.
________________________________/

On June 30, 2014, the Court entered an order awarding

13

Plaintiff $15,622.15 in attorneys’ fees and costs (Docket No. 165)

14

and an order granting Plaintiff $1,000 in contempt sanctions

15

(Docket No. 166).

16

Plaintiff within seven days of the date of the order.

17

awarding attorneys’ fees and costs advised Defendants that if they

18

were unable to pay the full $15,622.15 within seven days of the

19

date of the order, they must pay “what they can” and “file a

20

financial affidavit and a proposed payment plan within seven days

21

of the date of [the June 30] order.”

22

Both orders directed Defendants to pay
The order

Docket No. 165.

On July 7, 2014, the day that payment of both amounts or

23

partial payment and a financial affidavit and proposed payment

24

plan were due, Defendants filed a “Motion for 30 Day Extension of

25

Court’s Orders of June 30, 2014.”

26

stated that they were “in the process of collecting funds as

27

ordered by the Court but will need 30 days to attain said funds.”

28

Docket No. 168.

In that motion, Defendants

However, Defendants did not submit any financial

1

affidavits to support a finding that they are unable to pay any

2

portion of the $16,622.15 due or that they required thirty days to

3

pay the amount in full.

4

Defendants any extension on payment of $1,000 in contempt

5

sanctions.

6

Moreover, the Court did not offer

On July 8, 2014, the Court denied Defendants’ motion for
extension of time and ordered Defendants to pay Plaintiff

8

$16,622.15 within three days of the date of that order.

9

again advised that, if Defendants were not able to pay the full

10
United States District Court
For the Northern District of California

7

amount within three days, they must pay at least the $1,000 in

11

contempt sanctions and any portion of the attorneys’ fees and

12

costs that they were then able to pay.

13

that, if Defendants made a partial payment, they must also file a

14

financial affidavit disclosing all assets and liabilities, signed

15

under penalty of perjury, and a proposed payment plan, within

16

three days of the date of the order.

17

The Court

The Court further ordered

On July 15, 2014, two days after the deadline set out in the

18

Court’s July 8 order, the Court received various documents from

19

Defendants.

20

in the amount of $16,622.15 and a declaration from Defendant Fred

21

Benz that states that “all monies provided for in the matter on

22

file herein have been deposited with the Clerk of the District

23

Court and credited and posted in the above captioned action.”

24

Docket No. 171.

25

for whose benefit this order is being presented is entitled to

26

withdraw the sum of $16,622.15.”

27

not submitted any payment to the Court, only the purported

28

promissory note.

These documents include a purported promissory note

The declaration further indicates that “the party

Id.

However, Defendants have

Moreover, the Court directed Defendants to make
2

1

payment to Plaintiff, not to the Court.

2

made no effort to comply with the Court’s prior orders directing

3

them to make full payment or to make partial payment, along with a

4

financial affidavit and a proposed payment plan.

5

Again, Defendants have

The Court again orders Defendants to pay Plaintiff $16,622.15

6

within three days of the date of this order.

7

not able to pay this amount within three days of the date of this

8

order, they must pay at least the $1,000 in contempt sanctions and

9

any amount of the attorneys’ fees and costs that they are

If Defendants are

United States District Court
For the Northern District of California

10

currently able to pay.

11

must also file a financial affidavit disclosing all assets and

12

liabilities, signed under penalty of perjury, and a proposed

13

payment plan, within three days of the date of this order.

14

Defendants do not comply with the Court’s order within three days

15

of the date of this order, Defendants are ordered to show cause

16

why they should not be assessed $100 in contempt sanctions for

17

every day, beginning July 21, 2014, that they do not comply with

18

the Court’s order.

19

response to the order to show cause is due within four days of the

20

date of this order.

21

If Defendants make a partial payment, they

If

Unless Defendants comply with this order, the

IT IS SO ORDERED.

22
23
24

Dated:

7/15/14

CLAUDIA WILKEN
United States District Judge

25
26
27
28
3