USA v. George

Filing 44

CIVIL CONTEMPT ORDER. The Court finds Defendant in civil contempt. Signed by Judge M. James Lorenz on 12/3/2012. Accordingly, the Court ORDERS the United States Marshals Service to personally escort Defendant to the United States District Court in or der to address his civil contempt on December 6, 2012 at 11:00 a.m. in Courtroom 14. The Court further ORDERS Defendant to come prepared for a Judgment Debtor Examination, and bring copies of his latest federal and state tax returns on the aforementioned date.(All non-registered users served via U.S. Mail Service)(sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ARTHUR L. GEORGE,
Defendant.

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Case No. 05-cv-503-L(WMC)
CIVIL CONTEMPT ORDER

“A court of the United States shall have power to punish by fine or imprisonment, or

18 both, at its discretion, such contempt of its authority, and none other, as–(1) Misbehavior of any
19 person in its presence or so near thereto as to obstruct the administration of justice; (2)
20 Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistence to
21 its lawful writ, process, order, rule, decree, or command.” 18 U.S.C. § 401. This statute also
22 encompasses civil contempt. See Britton v. Co-op Banking Grp., 916 F.2d 1405, 1409 n.4 (9th
23 Cir. 1990).
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Civil contempt consists of “a party’s disobedience to a specific and definite court order by

25 failure to take all reasonable steps within the party’s power to comply.” Reno Air Racing Ass’n
26 v. McCord, 452 F.3d 1126, 1130 (9th Cir. 2006) (internal quotation marks omitted). “The
27 contempt need not be willful; however, a person should not be held in contempt if his action
28 appears to be based on a good faith and reasonable interpretation of the court’s order.” Id.
05cv503

1 (internal quotation marks and citations omitted). A court may impose civil contempt sanction
2 only if there is clear and convincing evidence that (1) the opposing party had violated a court
3 order, (2) beyond substantial compliance, (3) not based on a good faith and reasonable
4 interpretation of that order. Labor/Cmty. Strategy Ctr. v. L.A. Cnty. Metro. Trans. Auth., 564
5 F.3d 1115, 1123 (9th Cir. 2009).
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Here, Defendant Arthur George has twice failed to appear before the court after being

7 ordered to do so. (Docs. 37, 43.) On September 5, 2012, Defendant failed to appear as ordered
8 before United States Magistrate Judge Barbara Lynn Major for a Judgment Debtor Examination,
9 and on November 19, 2012, Defendant failed to appear before this Court as ordered for a hearing
10 to show cause related to his failure to appear for the Judgment Debtor Examination. The United
11 States Marshals Service personally served both court orders. (Docs. 36, 42.) The evidence
12 before the Court shows by clear and convincing evidence that Defendant’s violation of the court
13 orders was complete noncompliance and is not based on a good faith or reasonable interpretation
14 of the orders. See Labor/Cmty. Strategy Ctr., 564 F.3d at 1123. Therefore, the Court finds
15 Defendant in civil contempt.
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Accordingly, the Court ORDERS the United States Marshals Service to personally escort

17 Defendant to the United States District Court in order to address his civil contempt on
18 December 6, 2012 at 11:00 a.m. in Courtroom 14. The Court further ORDERS Defendant to
19 come prepared for a Judgment Debtor Examination, and bring copies of his latest federal and
20 state tax returns on the aforementioned date. In light of Defendant’s repeated failures to comply
21 with court orders, any further noncompliance will result in imprisonment. A fine may also
22 be imposed.
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IT IS SO ORDERED.

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25 DATED: December 3, 2012
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M. James Lorenz
United States District Court Judge

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05cv503

1 COPY TO:
2 HON. WILLIAM MCCURINE, JR.
UNITED STATES MAGISTRATE JUDGE
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CAROL M. LEE
4 U.S. ATTORNEY’S OFFICE
SOUTHERN DISTRICT OF CALIFORNIA
5 CRIMINAL DIVISION
6 ARTHUR L. GEORGE
4267 MT. HERBERT AVENUE
7 SAN DIEGO, CA 92117
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05cv503