Pacheco v. Joseph McMahon Corp

Filing 107

ORDER RE: Hearing July 20, 2015 Signed by Judge Sarah A. L. Merriam on 7/16/15.(Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
------------------------------x
:
TINA PACHECO
:
:
v.
:
:
JOSEPH MCMAHON CORPORATION
:
d/b/a UNITED OBLIGATIONS
:
:
------------------------------x

Civ. No. 3:10CV00464(AWT)

JULY 16, 2015

ORDER RE: HEARING JULY 20, 2015
This case was referred to the undersigned

for a ruling on

plaintiff’s Motion to Compel Post-Judgment discovery on April 7,
2015. [Doc. ##94, 97]
In light of the death of defendant’s prior counsel, [Doc.
#96], this Court entered an order on April 8, 2015, directing
the corporate defendant to retain new counsel, file an
appearance by May 7, 2015, and a response to plaintiff’s Motion
to Compel by May 21, 2015. [Doc. #98]

Notice of that order was

mailed to Attorney John Mager and to the Estate of Matthew
Corcoran.1

Plaintiff’s Motion to Compel Post-Judgment Discovery

Responses was granted on May 26, 2015. [Doc. #99]
Plaintiff then moved for an order directing Marilyn Miller,
President and CEO of the corporate defendant, Joseph McMahon
Attorney Matthew Corcoran passed away in December 2014.
Attorney John Mager was appointed by the Probate Court to
administer the Estate of Attorney Matthew Corcoran. See Aff.
Paul Miller, Doc. #96.
1

1

Corporation d/b/a United Obligations, to show cause why she
should not be found in civil contempt for failure to comply with
this Court’s Order dated May 26, 2015 [Doc. #99], to respond to
post-judgment discovery, and for failure to appear, and further
seeks the issuance of a Form AO 442 Arrest Warrant. [Doc. #100]
On July 2, 2015, the Court ordered that Marilyn Miller
appear personally before the Court for a hearing on July 20,
2015, to show cause why defendant should not found in contempt
of this Court for failure to respond to the Court’s April 8,
2015, and May 26, 2015, Orders.

[Doc. #102]

In that order, the

Court explicitly advised all parties that if Ms. Miller failed
to appear, the Court could issue a capias, that is, an order to
the U.S. Marshal to take her into custody and bring her before
the Court.
The Court made exceptional efforts to ensure that the
defendant was aware of the order.

The Court sent copies of the

order by certified mail to a number of individuals listed on the
corporate records as agents for the defendant corporation.

In

particular, the Court mailed a copy of the order to Marilyn
Miller at 1080 Hill Terrace, Southport, CT, 06890, which
official property records show to be owned by Marilyn Miller.
Ms. Miller and Paul Miller have contacted the Court by
letter, email and phone, arguing that the Court’s order setting
a hearing for July 20, 2015, is unlawful because the “defendant
2

was dissolved by Connecticut Statute.”

[Doc. #106 at 1]

That

letter, which has been docketed by the Court,3 attaches a
discharge from the Bankruptcy Court for debtors Paul Miller and
Marilyn Miller.

The letter further attaches documents

purporting to show that the defendant has complied with the
post-judgment discovery requests served by the plaintiff.
The Court notes that the petition filed by Paul and Marilyn
Miller in the United States Bankruptcy Court states explicitly
that it is filed on behalf of “individual” debtors, not on
behalf of a corporation.
Doc. #2, at 1

See In re Miller, Case No. 11-51883,

(U.S. Bkptcy. D. Conn., Sept. 19, 2011).

Contrary to Mr. and Ms. Miller’s claims, the corporation appears
to be in active operation.

Its website includes blog posts as

recent as July 7, 2015, posted under the name Marilyn Miller.4
The website provides that the “Connecticut Office” is located at
1771 Post Road East, Suite 150, Westport, CT, 06880.
Furthermore, Mr. Miller has persisted in communicating with
Court staff from an email at the domain name
“@unitedobligations.com” and his email signature reveals that he
3

The Court has elected to docket the letter in question because
it shows that Marilyn Miller, who has been ordered to appear
personally before the Court on July 20, 2015, has actual notice
of that hearing. [Doc. #106] The attachments not related to the
issue of notice have been filed under seal.
4

See http://info.unitedobligations.com/blog/top-5-debtcollection-mistakes-small-business-owners-make
3

remains an active representative of United Obligations; indeed,
the company’s website names him as its “principal.”
A judgment has been entered against United Obligations LLC
by this Court.

The Court has repeatedly directed United

Obligations to retain counsel to appear on its behalf so that
the Court may adjudicate remaining issues in this case.
Obligations has refused to do so.

United

The Court has therefore

required the Managing Member of the corporation to appear
personally before the Court to answer for this failing and to
attempt to address the matter.
It is ORDERED that this order be delivered by United States
Mail, first class, to: Marilyn Miller as President/Director of
Joseph McMahon Corporation and as Managing Member of United
Obligations LLC, at 1080 Mill Hill Terrace, Southport, CT,
06890; and United Obligations LLC’s Connecticut Office at 1771
Post Road East, Suite 150, Westport, CT, 06880.
SO ORDERED at New Haven this 16th day of July 2015.

/s/
________________
HON. SARAH A. L. MERRIAM
UNITED STATES MAGISTRATE JUDGE

4