Hansen et al v. U.S. Bank National Association et al

Filing 45

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED: 1. Hawley Troxell must serve a copy of this Order and the Motion for Contempt (Dkt. 44 ) on Mr. Rasmussen on or before August 9, 2019, and must file proof of service with the Court. 2. Mr. Rasmus sen must respond by filing a notice with the Court within fourteen days (14) days of service. 3. If Mr. Rasmussen timely responds, the Court will set a hearing on Hawley Troxells Motion for Contempt. However, if Mr. Rasmussen fails to respond or fails to timely respond, the Court will GRANT Hawley Troxells Motion for Contempt. (Dkt. 44.). Signed by Judge B. Lynn Winmill. (jd)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SHERRI HANSEN, AN INDIVIDUAL;
A.R. (MINOR CHILD); AND L.R.
(MINOR CHILD),
Plaintiffs,

Case No. 4:15-CV-00085-BLW
MEMORANDUM DECISION AND
ORDER

v.
U.S. BANK, NATIONAL
ASSOCIATION; GREEN TREE
FINANCIAL SERVICING, LLC;
MANUFACTURED HOUSING
CONTRACT SENIOR/SUBORDINATE
PASS-THROUGH CERTIFICATES,
SERIES 1998-8; HAWLEY TROXELL
ENNIS & HAWLEY LLP; and JOHN
DOES 1–10;
Defendants.

BACKGROUND
Before the Court is Defendants’ Motion for Contempt of Court pursuant to Federal
Rule of Civil Procedure 70(e). (Dkt. 44.) Defense counsel Hawley Troxell Ennis &
Hawley LLP (Hawley Troxell) asks this Court for an order holding Plaintiffs’ counsel,
Troy E. Rasmussen, in contempt for failing to pay comply with this Court’s order
sanctioning Mr. Rasmussen pursuant to Rule 11 in the amount of $9,735.76. (Dkt. 37.)
Mr. Rasmussen failed to file a response to Hawley Troxell’s latest motion in violation of
District of Idaho Local Rule 7.1(c).
MEMORANDUM DECISION AND ORDER - 1

LEGAL STANDARD
“A court has wide latitude in determining whether there has been contemptuous
defiance of its order.” Gifford v. Heckler, 741 F.2d 263, 266 (9th Cir. 1984). Contempt
must be shown by clear and convincing evidence. Battaglia v. United States, 653 F.2d
419, 422 (9th Cir. 1981). “Failure to comply consists of not taking ‘all the reasonable
steps within [one’s] power to insure compliance with the order.’” Balla v. Idaho State
Board of Corrections, 869 F.2d 461, 466 (9th Cir. 1989) (quoting Sekaquaptewa v.
MacDonald, 544 F.2d 396, 406 (9th Cir. 1976)).
“Broad equitable power [is vested in the Court] to order appropriate relief in civil
contempt proceedings,” SEC v. Hickey, 322 F.3d 1123, 1128 (9th Cir. 2003) (internal
citation omitted). When determining what sanctions to impose, the Court must consider
“the character and magnitude of the harm threatened by continued contumacy, and the
probable effectiveness of any suggested sanction in bringing about the result desired.”
United States v. United Mine Workers, 330 U.S. 258, 304 (1947).
DISCUSSION
Pursuant to District of Idaho Local Rule 7.1(e), “if an adverse party fails to timely
file any response documents … such failure may be deemed to constitute a consent to …
the granting of said motion.” Because Mr. Rasmussen has failed to file a response to
Hawley Troxell’s motion, the Court finds that he has consented to the granting of Hawley
Troxell’s motion. Id.

MEMORANDUM DECISION AND ORDER - 2

Additionally, the Court has independently reviewed the affidavits accompanying
Hawley Troxell’s motion and finds clear and convincing evidence that Mr. Rasmussen is
in contempt of Court. In the submitted materials, Hawley Troxell repeatedly attempted to
secure the funds owed by Mr. Rasmussen but was unable to do so. (See Dkts. 44-2, 443.) To the Court’s knowledge, Mr. Rasmussen still has not satisfied the terms of the May
18, 2016 order. Accordingly, clear and convincing evidence supports the conclusion that
Mr. Rasmussen is in contempt of court.
ORDER
IT IS HEREBY ORDERED:
1. Hawley Troxell must serve a copy of this Order and the Motion for
Contempt (Dkt. 44) on Mr. Rasmussen on or before August 9, 2019,
and must file proof of service with the Court.
2. Mr. Rasmussen must respond by filing a notice with the Court within
fourteen days (14) days of service.
3. If Mr. Rasmussen timely responds, the Court will set a hearing on
Hawley Troxell’s Motion for Contempt. However, if Mr. Rasmussen
fails to respond or fails to timely respond, the Court will GRANT
Hawley Troxell’s Motion for Contempt. (Dkt. 44.)
DATED: July 30, 2019

75.�w�

B. Lynn Winmill

United States District Judge

MEMORANDUM DECISION AND ORDER - 3