Equal Employment Opportunity Commission v. Robert Morgan Enterprises

Filing 40

ORDER TO SHOW CAUSE re. Criminal Contempt Order to Show Cause Hearing set for 3/5/2012 09:00 AM. Show Cause Response due by 2/24/2012.. Signed by Judge James Ware on February 9, 2012. (jwlc2S, COURT STAFF) (Filed on 2/9/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 10-04757 JW Equal Emp’t Opportunity Comm’n, 11 ORDER TO SHOW CAUSE RE. CRIMINAL CONTEMPT Plaintiff, v. For the Northern District of California United States District Court 10 12 Robert Morgan Enters., 13 Defendant. 14 / 15 On October 26, 2011, the Court issued an Order Granting Plaintiff’s Motion for Civil 16 Contempt of Consent Decree. (hereafter, “October 26 Order,” Docket Item No. 31.) In its October 17 26 Order, the Court found that Defendant was in civil contempt, and imposed certain sanctions on 18 Defendant. (Id. at 5-6.) The Court ordered Plaintiff to file a Status Report on or before November 19 14, 2011 “to inform the Court as to Defendant’s compliance and whether any further action is 20 necessary.” (Id. at 6.) Pursuant to the Court’s October 26 Order, Plaintiff filed a Status Report on 21 November 14, 2011. (Docket Item No. 33.) In its Status Report, Plaintiff contended that as of 22 November 10, 2011, Defendant had only paid $1,000 to Rena Flores (“Flores”), rather than the 23 $15,000 required by the Court’s October 26 Order. (Id. at 2.) 24 In light of Defendant’s partial compliance with the Court’s October 26 Order, and in light of 25 Defendant’s contentions in response to Plaintiff’s Status Report, the Court “[did] not find good 26 cause to set an Order to Show Cause re. Criminal Contempt.” (Order re. Status Report at 2, 27 hereafter, “December 14 Order,” Docket Item No. 37.) Instead, the Court ordered Defendant to 28 1 “fully comply” with the Court’s October 26 Order by January 30, 2012, and admonished Defendant 2 that “failure to fully comply with its October 26 Order by January 30, 2012 may result in Defendant 3 being subject to criminal contempt.” (Id.) 4 On February 2, 2012, Plaintiff filed a Status Report in which it contends that Defendant has 5 not fully complied with the Court’s October 26 Order. (hereafter, “February 2 Report,” Docket Item 6 No. 39.) In particular, Plaintiff contends that Defendant has only paid $3,500 to Flores, rather than 7 the $15,000 payment required by the October 26 Order. (Id. at 2; see also October 26 Order at 5-6.) 8 Further, Plaintiff contends that Defendant has not paid it $6,600 in attorney fees, even though it was 9 ordered to do so by this Court “[o]n or before January 30, 2012.”1 In light of Plaintiff’s report regarding Defendant’s continuing failure to comply with the 11 For the Northern District of California United States District Court 10 Court’s October 26 Order, as well as Defendant’s failure to comply with the Court’s Fee Order, the 12 Court finds good cause to set an Order to Show Cause Hearing re. Criminal Contempt. Accordingly, 13 on March 5, 2012 at 9 a.m., Defendant shall appear to show cause, if any, by actual appearance in 14 Court and by certification filed with the Court on or before February 24, 2012, why it should not be 15 held in criminal contempt. 16 17 Dated: February 9, 2012 JAMES WARE United States District Chief Judge 18 19 20 21 22 23 24 25 26 1 27 (February 2 Report at 2-3; see also Order Granting Plaintiff’s Motion for Attorney Fees at 4, hereafter, “Fee Order,” Docket Item No. 38.) 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Cindy O’Hara cindy.ohara@eeoc.gov David F. Offen-Brown David.Offen-Brown@eeoc.gov Jonathan T. Peck Jonathan.Peck@eeoc.gov Raymond T. Cheung raymond.cheung@eeoc.gov Steven Allan Clair steveclair57@yahoo.com William Robert Tamayo william.tamayo@eeoc.gov 3 4 5 6 Dated: February 9, 2012 Richard W. Wieking, Clerk 7 By: 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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