Stockmar v. Colorado School of Traditional Chinese Medicine, Inc.

Filing 144

ORDER denying 123 Motion for Order to Show Cause; granting in part and denying in part 139 and 141 Motions for Orders. By Judge Christine M. Arguello on 06/08/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-02906-CMA-MJW
VANESSA STOCKMAR, and
TANYA CARLETON,
Plaintiffs,
v.
COLORADO SCHOOL OF TRADITIONAL CHINESE MEDICINE, INC.,
a Colorado corporation,
Defendant.
______________________________________________________________________
ORDER DENYING PLAINTIFF TANYA CARLETON’S MOTION FOR ISSUANCE OF
ORDER TO SHOW CAUSE WHY COLORADO SCHOOL OF TRADITIONAL
CHINESE MEDICINE, INC. SHOULD NOT BE HELD IN CIVIL CONTEMPT OF
COURT AND GRANTING IN PART PLAINTIFFS’ MOTIONS FOR ORDER
RELEASING GARNSIHED FUNDS HELD BY UMB BANK
______________________________________________________________________
This matter is before the Court on Plaintiff Tanya Carleton’s Motion for Issuance
of Order to Show Why Colorado School of Traditional Chinese Medicine, Inc.,
(“CSTCM”) Should Not be Held in Civil Contempt of Court (“Ms. Carleton’s Contempt
Motion”) (Doc. # 123), and Plaintiffs’ Motions for Order to Release Garnished Funds
Held by UMB Bank (Doc. ## 139, 141.) As explained below, the former motion is
denied, and the latter motions are granted in part and denied in part.
First, with regard to Ms. Carleton’s Contempt Motion, the Motion indicates that
she is seeking to hold CSTCM in civil contempt because CSTCM has failed to pay the
stipulated-upon costs incurred in this matter. Plaintiff’s Motion is denied because

Plaintiffs may not use the contempt powers of the Court to enforce a judgment (costs
are merged into the judgment). Rather, Plaintiffs are directed to follow the standard
execution procedures outlined in Fed. R. Civ. P. 69, which provides that “[a] money
judgment is enforced by a writ of execution.”
Plaintiffs’ Motions for Orders to Release Garnished Funds Held by UMB Bank
request that the Court issue an order directing UMB Bank of Colorado (“UMB Bank”) to
disburse $50,106.77 of the Judgment Debtor’s money to Pendleton, Wilson, Hennessey
& Crow, P.C., as Plaintiffs’ attorney in satisfaction of the judgment. (Doc. ## 139, 141.)
This money is currently being held by UMB Bank per the Answer to the Writ of
Garnishment (Doc. ## 132, 133).
Plaintiffs’ Motions (Doc. ## 139, 141) are GRANTED in part and DENIED in part.
Specifically, per D.C.COLO.LCivR 67.2, UMB Bank SHALL tender the funds it is
currently holding into the Court Registry (with a check made payable to the Clerk of the
United States District Court), and identify in writing this Order as the Order authorizing
the deposit. Once the funds have been deposited, Plaintiffs are directed to file a Motion
to Disburse along with a proposed order, which includes the payee’s full name and
complete address and the amount to be disbursed.
DATED: June 8, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge