United States Of America et al v. Gillies

Filing 35

ORDER by Judge Claudia Wilken Granting 33 Report and Recommendations and FINDING RESPONDENT IN CONTEMPT. (ndr, COURT STAFF) (Filed on 4/10/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 UNITED STATES OF AMERICA and ROBERT SCOTT, Revenue Officer, ) ) No. CV-11-03623-CW ) ) ) ORDER FINDING ) RESPONDENT IN CONTEMPT ) ) ) ) 13 Petitioners, 14 v. 15 LAUGHLIN GILLIES, 16 Respondent. ) 17 Presently before the Court is Magistrate Judge James’s Report and Recommendation that 18 19 the Respondent be held in contempt of court. (hereafter, “Recommendation,” Docket No. 31.) Pursuant to Federal Rule of Civil Procedure 72(b), any objection to a Magistrate Judge’s 20 21 recommendation must be made within 14 days. See Fed. R. Civ. P. 72(b)(1); 28 U.S.C. § 22 636(b)(1)(B). No objection has been filed to date. The Court has reviewed the record of the 23 proceedings before Magistrate Judge James and finds that Magistrate Judge James’s 24 Recommendation should be adopted. See Civ. L.R. 72-3(c). Accordingly, the Court ADOPTS 25 Judge James’s Recommendation. 26 /// 27 /// 28 /// 1 Accordingly, it is hereby: 2 ORDERED that Respondent Laughlin Gillies is in contempt of this Court’s Order 3 Enforcing Summons, and Respondent is fined $250 per day from this date until the date that he 4 complies with the Order Enforcing Summons. 5 IT IS FURTHER ORDERED that if Respondent Laughlin Gillies complies with the 6 Order Enforcing Summons within 21 days of this date, he will be purged of the $250 per day fine 7 that might have accrued against him for is failure to comply with the Order Enforcing Summons. 8 9 ORDERED this 10th day of April, 2012, at Oakland, California. 10 11 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 cc: MEJ 21 22 23 24 25 26 27 28 [Proposed] Order Finding Respondent in Contempt; No. CV-11-03623-CW 2

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