Bayview Loan Servicing, LLC v. Blackmon

Filing 36

ORDER Granting 35 MOTION for Order to Show Cause as to Why Odell Blackmon Should Not Be Held in Civil Contempt and a Bench Warrant Issued for Failure to Appear for Scheduled Creditor's Examination filed by Bayview Loan Servicing, LLC., ORDER for Odell Blackmon to Show Cause why he should not be held in contempt of court for failure to appear for creditor's exam.( Hearing set for 8/24/2011 @ 2:00 PM before District Judge David M. Lawson.) Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BAYVIEW LOAN SERVICING, LLC,
Plaintiff,

Case No. 10-11693
Honorable David M. Lawson

v.
ODELL BLACKMON,
Defendant.
_________________________________________/
ORDER GRANTING PLAINTIFF’S MOTION AND ORDERING
DEFENDANT TO APPEAR AND SHOW CAUSE
On July 29, 2011, the plaintiff filed a motion for entry of an order to show cause why
defendant Odell Blackmon should not be held in contempt for failing to appear for his creditor’s
examination. On June 4, 2010, the Clerk of the Court entered a default judgment against the
defendant in the amount of $224,628.88. After exhausting other forms of debt collection, the
plaintiff issued a subpoena to the defendant to conduct a creditor’s examination on March 3, 2011
and personally served the defendant with this subpoena. The defendant failed to appear for the
examination and has failed to provide any reason for not attending.
The Court may enforce compliance with and punish violations of Federal Rule of Civil
Procedure 45 through its contempt power. Fed. R. Civ. P. 37(b)(2)(A)(vii); see also United States
v. Conces, 507 F.3d 1028, 1041-42 (6th Cir. 2007). The Court will grant the plaintiff’s motion and
enter an order requiring the defendant to show cause for his failure to appear for his creditor’s
examination pursuant to a duly issued and served subpoena.
Accordingly, it is ORDERED that the plaintiff’s motion for order to show cause [dkt. #35]
is GRANTED.

It is further ORDERED that defendant Odell Blackmon shall appear with counsel in the
Theodore Levin United States Courthouse, 231 W. Lafayette Blvd., Courtroom 860, Detroit,
Michigan, for a hearing on August 24, 2011 at 2:00 p.m. at which time the defendant must show
cause why he should not be held in contempt of court for his failure to appear for a creditor’s
examination pursuant to a duly issued and served subpoena.
It is further ORDERED that the plaintiff must personally serve defendant Odell Blackmon
with a copy of this order on or before Monday, August 15, 2011.

s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: August 4, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on August 4, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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