Equal Employment Opportunity Commission v. Robert Morgan Enterprises

Filing 57

ORDER GRANTING REQUEST TO VACATE JUDGMENT DEBTOR EXAMINATION, granting 56 Notice, filed by Equal Employment Opportunity Commission: 9/24/2012 Judgment Debtor Examination is vacated. Signed by Judge Paul S. Grewal on 9/18/2012. (ofr, COURT STAFF) (Filed on 9/18/2012)

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WILLIAM R. TAMAYO, SBN 084965
JONATHAN T. PECK, 12303 (VA)
RAYMOND T. CHEUNG, SBN 176086
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260
Telephone No. [phone]
Fax No. [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EQUAL EMPLOYMENT OPPORTUNITY )
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COMMISSION,
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Plaintiff,
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v.
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ROBERT MORGAN ENTERPRISES,
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Defendant
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Case No. C-10-04757 JW
NOTICE OF WITHDRAWAL OF MOTION;
REQUEST TO VACATE JUDGMENT DEBTOR
EXAMINATION
Examination Date: September 24, 2012
Time:
9:00 AM
Court Room:
9, 19th Floor

I. INTRODUCTION
On December 14, 2011, the Court issued an Order [Docket No. 37] instructing Defendant
Robert Morgan Enterprises to fully comply with this Court’s prior October 26th Order [Docket No.
31] regarding completion of payment by January 30, 2012 to Charging Part Rena Flores as per the
parties’ Consent Decree [Docket No. 25]. Furthermore, on December 14, 2011, this Court issued an
Order Granting Plaintiff’s Motion for Attorney Fees [Docket No. 38], instructing Defendant to
deliver a check to Plaintiff in the amount of $6,600 on or before January 30, 2012.
Defendant’s failure to comply with the Court’s orders led to a finding of Civil Contempt
against Defendant, and forced Plaintiff Equal Employment Opportunity Commission (“EEOC”) to

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C10-4757 JW EEOC v. Robert Morgan Ent.
Notice & Request to Vacate Exam

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file an Ex Parte Application for Issuance of Order of Examination against Judgment Debtor [Docket

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No. 45], which this Court granted on March 29, 2012 [Docket No. 46]. After several continuances of

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the examination date, the Court ordered Defendant Robert Morgan Enterprises and Robert V.

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Morgan, Jr. to appear before this Court for the Judgment Debtor Examination on September 24, 2012

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[Docket No. 55].

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II. COMPLIANCE WITH THIS COURT’S ORDERS

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On September 14, 2012, Plaintiff EEOC received an accounting statement of Defendant’s

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complete and final payment of the settlement amount to Charging Party Flores. Additionally, EEOC

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received a check in the amount of $6,600 for payment of the court-ordered attorney fees.
III. FURTHER JUDICIAL ACTION

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In light of Defendant’s final compliance with this Court’s orders, Plaintiff EEOC respectfully
requests the Court to vacate the September 24, 2012 Judgment Debtor Examination.

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DATED: September 17, 2012

/s/ Raymond T. Cheung
Raymond T. Cheung,
Counsel for Plaintiff
Equal Employment Opportunity Commission

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[Proposed] ORDER

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It is so ordered that the September 24, 2012 Judgment Debtor Examination is vacated.

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Dated: September 18, 2012

__________________________________
UNITED STATES MAGISTRATE JUDGE

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C10-4757 JW EEOC v. Robert Morgan Ent.
Notice & Request to Vacate Exam