Fremont Bank v. Signorelli et al
Filing
91
CONTEMPT ORDER. Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2022. (ndr, COURT STAFF) (Filed on 8/29/2022)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
FREMONT BANK,
Plaintiff,
8
9
10
United States District Court
Northern District of California
11
Case No. 18-cv-04808-HSG
CONTEMPT ORDER
v.
ROBERT J SIGNORELLI, et al.,
Defendants.
12
13
In June 2022, Magistrate Judge Donna M. Ryu issued a Report and Recommendation
14
regarding civil contempt and sanctions in which she detailed Defendant Signorelli’s history of
15
non-compliance with court orders. See Dkt. No. 82. Finding the Report to be correct, well-
16
reasoned, and thorough, the Court adopted it in every respect, ordered Defendant to show cause
17
why he should not be held in civil contempt, and held a hearing regarding the order to show cause
18
on August 25, 2022. See Dkt. No. 85.
19
Based on the facts certified by Judge Ryu in her Report and Recommendation, the Court
20
finds that clear and convincing evidence establishes that Defendant Signorelli failed to comply
21
with two court orders. The Court further finds, based on the evidence proffered at the show-cause
22
hearing, that Defendant has failed “to demonstrate why [he was] unable to comply,” FTC v.
23
Affordable Media, LLC, 179 F.3d 1228, 1239 (9th Cir. 1999), or shown that he “performed ‘all
24
reasonable steps within [his] power to ensure compliance’ with the court’s orders,” Stone v. City &
25
Cty. of San Francisco, 968 F.2d 850, 856 (9th Cir. 1992) (citation omitted).
26
27
28
The Court therefore finds Defendant Signorelli in contempt and orders him to:
1. Appear at a judgment debtor examination on September 29, 2022 and to produce
all of the documents identified in the November 24, 2021 Order by September 22,
1
2022; and if Defendant Signorelli fails to appear at the judgment debtor
2
examination and produce the documents on the designated date, he shall pay a
3
coercive sanction of $50 per day, payable to the Clerk of the Court for the United
4
States District Court, Northern District of California, to accrue every day until
5
Defendant Signorelli complies by appearing for the judgment debtor examination
6
and producing all requested documents.
2. Pay Plaintiff $4,155 in compensatory sanctions.
7
Defendant Signorelli is warned that failure to comply with this order will result in further
8
9
sanctions, potentially including criminal contempt sanctions.
IT IS SO ORDERED.
10
United States District Court
Northern District of California
11
12
13
Dated:
8/29/2022
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?