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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 09-04531 CW
CRATERS & FREIGHTERS,
Plaintiff,
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United States District Court
For the Northern District of California
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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
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Plaintiff $15,622.15 in attorneys’ fees and costs (Docket No. 165)
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and an order granting Plaintiff $1,000 in contempt sanctions
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(Docket No. 166).
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Plaintiff within seven days of the date of the order.
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awarding attorneys’ fees and costs advised Defendants that if they
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were unable to pay the full $15,622.15 within seven days of the
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date of the order, they must pay “what they can” and “file a
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financial affidavit and a proposed payment plan within seven days
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of the date of [the June 30] order.”
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Both orders directed Defendants to pay
The order
Docket No. 165.
On July 7, 2014, the day that payment of both amounts or
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partial payment and a financial affidavit and proposed payment
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plan were due, Defendants filed a “Motion for 30 Day Extension of
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Court’s Orders of June 30, 2014.”
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stated that they were “in the process of collecting funds as
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ordered by the Court but will need 30 days to attain said funds.”
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Docket No. 168.
In that motion, Defendants
However, Defendants did not submit any financial
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affidavits to support a finding that they are unable to pay any
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portion of the $16,622.15 due or that they required thirty days to
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pay the amount in full.
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Defendants any extension on payment of $1,000 in contempt
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sanctions.
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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
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$16,622.15 within three days of the date of that order.
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again advised that, if Defendants were not able to pay the full
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United States District Court
For the Northern District of California
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amount within three days, they must pay at least the $1,000 in
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contempt sanctions and any portion of the attorneys’ fees and
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costs that they were then able to pay.
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that, if Defendants made a partial payment, they must also file a
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financial affidavit disclosing all assets and liabilities, signed
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under penalty of perjury, and a proposed payment plan, within
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three days of the date of the order.
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The Court
The Court further ordered
On July 15, 2014, two days after the deadline set out in the
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Court’s July 8 order, the Court received various documents from
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Defendants.
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in the amount of $16,622.15 and a declaration from Defendant Fred
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Benz that states that “all monies provided for in the matter on
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file herein have been deposited with the Clerk of the District
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Court and credited and posted in the above captioned action.”
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Docket No. 171.
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for whose benefit this order is being presented is entitled to
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withdraw the sum of $16,622.15.”
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not submitted any payment to the Court, only the purported
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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
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payment to Plaintiff, not to the Court.
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made no effort to comply with the Court’s prior orders directing
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them to make full payment or to make partial payment, along with a
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financial affidavit and a proposed payment plan.
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Again, Defendants have
The Court again orders Defendants to pay Plaintiff $16,622.15
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within three days of the date of this order.
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not able to pay this amount within three days of the date of this
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order, they must pay at least the $1,000 in contempt sanctions and
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any amount of the attorneys’ fees and costs that they are
If Defendants are
United States District Court
For the Northern District of California
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currently able to pay.
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must also file a financial affidavit disclosing all assets and
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liabilities, signed under penalty of perjury, and a proposed
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payment plan, within three days of the date of this order.
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Defendants do not comply with the Court’s order within three days
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of the date of this order, Defendants are ordered to show cause
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why they should not be assessed $100 in contempt sanctions for
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every day, beginning July 21, 2014, that they do not comply with
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the Court’s order.
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response to the order to show cause is due within four days of the
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date of this order.
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If Defendants make a partial payment, they
If
Unless Defendants comply with this order, the
IT IS SO ORDERED.
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Dated:
7/15/14
CLAUDIA WILKEN
United States District Judge
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