American International Recovery, Inc., v. Randolph Jack Garrett, et al

Filing 67

ORDER that Defendant Randolph Jack Garrett shall appear on November 15, 2011, at 9:00 a.m., in Courtroom 3B before Magistrate Judge Peggy A. Leen. Granting 66 Motion Requesting Ruling on Pending Motion. Signed by Magistrate Judge Peggy A. Leen on 10/12/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AMERICAN INTERNATIONAL RECOVERY,
et al.,

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Plaintiffs,
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Case No. 2:07-cv-00123-JCM-PAL
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vs.
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ORDER
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PILAR COSTA, et al.,
) (Motion for Order to Show Cause - Dtk. #64)
) (Unopp Motion Requesting Ruling - Dkt. #66)
Defendants. )
__________________________________________)
Before the court is Plaintiffs’ Motion for and Order to Show Cause for Contempt (Dkt. #64).

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Also before the court is Plaintiffs’ Motion Requesting Ruling on Pending Motions (Dkt. #66).

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Plaintiffs seek an order requiring Defendant Randolph Jack Garrett to appear and show cause why he

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should not be held in contempt of court for failing to comply with orders of this court that he appear for

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a Judgement/Debtor examination.

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Having reviewed and considered the matter, the court finds that:

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1.

In an Order (Dkt. #57) entered May 16, 2011, the court granted Plaintiffs’ request that

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Randolph Jack Garrett appear at a Judgment/Debtor examination on June 23, 2011, at

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10:00 a.m., at the law offices of Plaintiffs’ counsel, 2300 W. Sahara Ave., Ste. 770, Las

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Vegas, NV. An affidavit of service submitted with the motion for an order to show

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cause indicates it was served on counsel of record for Mr. Garrett, Brian R. Hardy, of the

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law firm of Marquis, Aurbach and Coffing. At the time set for the Judgment/Debtor

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examination, Mr. Hardy was called when neither Mr. Garrett nor Mr. Hardy appeared for

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the Judgment/Debtor Examination. A transcript of the proceeding is attached as Exhibit

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“D” to the motion. Mr. Hardy indicated that he did not represent Mr. Garrett in this

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federal action. As a professional courtesy, he agreed to provide Mr. Garrett’s contact

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information to opposing counsel, and did so on the record of the notice of non-

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appearance.

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2.

In an Order (Dkt. #60) entered July 7, 2011, the court entered an amended order granting

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Plaintiffs’ request that Defendant Randolph Jack Garrett appear for a Judgment/Debtor

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examination on July 18, 2011, at 10:00 a.m., at the law offices of Plaintiff’s counsel.

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Mr. Garrett was served with a copy of the court’s order at the address provided by Mr

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Hardy. An affidavit of service of the process server is attached as Exhibit “F” to the

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motion.

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3.

Mr. Garrett did not appear for his July 18, 2011 Judgment/Debtor examination as

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ordered. Plaintiffs have attached the Reporter’s Certificate of Nonappearance as Exhibit

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“G” to the motion.

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4.

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Counsel for Plaintiffs represents that he attempted to call Mr. Garrett at the number
provided by his counsel on July 18, 2011; however, the number was disconnected.

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Based on the foregoing, and for good cause shown,

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IT IS ORDERED that:

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1.

Defendant Randolph Jack Garrett shall appear on November 15, 2011, at 9:00 a.m., in

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Courtroom 3B at the Lloyd D. George United States Courthouse at 333 Las Vegas

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Boulevard South, Las Vegas Nevada and show cause why he should not be held in

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contempt of court for failing to obey this court’s order and amended order for him to

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appear at a Judgment/Debtor examination on June 23, 2011, and July 18, 2011.

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2.

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Failure to appear at the hearing may result in a warrant for his arrest to be executed by
the United States Marshal Service.

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3.

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Counsel for Plaintiff shall serve Mr. Garrett with a copy of this order no later than
fourteen days before the hearing, and file proof of service of the order on Mr. Garrett.

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4.

Plaintiffs’ Motion Requesting Ruling on Pending Motions (Dkt. #66) is GRANTED.

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Dated this 12th day of October, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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