FEDERAL NATIONAL MORTGAGE ASSOCIATION v. CHICAGO TITLE INSURANCE COMPANY

Filing 115

ORDER granting 111 Motion seeking entry of order to show cause, etc. Show Cause Hearing set for 1/26/2015 10:00 AM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. Signed by Magistrate Judge Denise K. LaRue on 12/9/2014 (dist made)(CBU)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA,
INDIANAPOLIS DIVISION

CHICAGO TITLE INSURANCE
COMPANY,
Plaintiff,
vs.

CAUSE NO. 1:11-cv-768-JMS-DKL

NICKOLAS W. JEKOGIAN, III,
Defendant.
ORDER TO SHOW CAUSE
to Nickolas W. Jekogian, III
Plaintiff’s Verified Motion Seeking Entry of Order To Show Cause etc. [doc. 111]
In June 2013, the Court entered judgment against defendant Nikolas W. Jekogian,
III, in the amount of $343,301.39. Final Judgment [doc. 97]. On August 15, 2013, plaintiff
Chicago Title Insurance Company moved for a proceedings-supplemental hearing at
which Mr. Jekogian would be required to answer as to any non-exempt property that
could be applied to satisfy the judgment and be ordered to so apply such property.
Verified Motion for Proceedings Supplemental [doc. 98]. That motion was granted and a
proceedings-supplemental hearing was set for September 30, 2013. Order on Verified
Motion for Proceeding Supplemental [doc. 100].
Four days before the hearing, Chicago Title served requests for production and
interrogatories on Mr. Jekogian, [doc. 112-1], and it agreed to a postponement of the
hearing in return for Mr. Jekogian’s promise, conveyed through counsel, to provided
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answers and documents in response to the discovery requests, Motion for Continuance of
Proceedings Supplemental Hearing [doc. 105]. The Court granted Chicago Title’s motion
to vacate the hearing and ruled that it would be reset on formal request. Order [doc. 107
(Sept. 30, 2013)]. By the same order, the Court granted Mr. Jekogian’s attorneys’
motions to withdraw and noted that he would be proceeding pro se. Id.
Mr. Jekogian responded to Chicago Title’s discovery requests on October 20,
2013. (Motion to Compel [doc. 112] ¶6 and Exhibits B-1 and B-2 [docs. 112-2 and 112-3].)
In response to Chicago Title’s communication of deficiencies in his responses, (Id.
Exhibit C [doc. 112-4]), Mr. Jekogian provided supplemental responses on December 20,
2013, (Id. ¶ 8 and Exhibit D [doc. 112-5]). Chicago Title moved to reset the proceedingssupplemental hearing after Mr. Jekogian did not respond to Chicago Title’s further
communication regarding continued defects in his responses. Verified Renewed Motion
for Proceedings Supplemental [doc. 108 (July 11, 2014)]; (Motion to Compel ¶¶ 9-11).
The Court set a proceedings-supplemental hearing for August 14, 2014. Order
[doc. 109 (July 14, 2014)]. Chicago Title filed proof of service of the Court’s Order on Mr.
Jekogian. Proof of Service [doc. 110 (August 11, 2014)]. Mr. Jekogian did not appear at
the hearing. Chicago Title filed the present motion for an order to Mr. Jekogian to show
cause why he should not be held in contempt for failing to appear at the hearing. It also
filed a motion for an order compelling Mr. Jekogian to provide fully responsive answers
to its discovery requests, which the Court separately has ruled on. Mr. Jekogian has not

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responded to either motion. The Court finds good cause to issue the requested order to
show cause.
Therefore, the Court ORDERS Mr. Jekogian TO APPEAR on Monday, January
26, 2015 at 10:00 a.m. in Courtroom 243 in the Birch Bayh Federal Building and United
States Courthouse at 46 East Ohio Street in Indianapolis, Indiana and, there and then, to
SHOW CAUSE why he should not be held in contempt and sanctioned for his failure to
appear at the August 14, 2014 proceedings-supplemental hearing. Mr. Jekogian also
shall submit, there and then, to examination regarding his property, income, profits,
and exemptions, and regarding his responses to Chicago Title’s requests for production
and interrogatories. By separate order, the Court has ordered Mr. Jekogian to produce
sufficient, complete, and responsive answers and documents in response to Chicago
Title’s discovery no later than Friday, January 16, 2015.
The Court WARNS Mr. Jekogian that, if he fails to appear as ordered, then he
will be subject to compulsory process, including civil arrest by the United States
Marshal’s Service, and a finding of contempt of court with resulting sanctions and
punishment.
Chicago Title is directed to serve this order on Mr. Jekogian no later than Friday,
December 12, 2014 and to promptly file proof of same.

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Chicago Title’s Verified Motion Seeking Entry of Order To Show Cause for Failure to
Appear at Proceedings Supplemental Hearing [doc. 111] is GRANTED.
SO ORDERED this date: December 9, 2014

Denise K. LaRue
United States Magistrate Judge
Southern District of Indiana

Distribution to all ECF-registered counsel of record via ECF-generated e-mail.
Distribution via first-class mail to:
Nickolas W. Jekogian, III
1430 Broadway, Suite 503
New York, New York 10018

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