Kim et al

Filing 424

ORDER Denying 404 Plaintiffs' Motion for Order to Show Cause. IT IS FURTHER ORDERED that Plaintiffs' shall show cause, in writing, no later than 8/14/15,why this case should not be dismissed with prejudice in accordance with 416 Stipulation of Dismissal. Signed by Judge Richard F. Boulware, II on 8/6/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TAE-SI KIM and JIN-SUNG HONG,

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Case No. 2:09-cv-02008-RFB-GWF

Plaintiffs,
ORDER TO SHOW CAUSE

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v.

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ADAM B. KEARNEY, et al.,

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Defendants.

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I.

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INTRODUCTION
This case is before the Court on Plaintiffs Tae-Si Kim and Jin-

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their motion, Plaintiffs request that this Court issue an Order to Show Cause why Defendant

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Adam Kearney should not be held in contempt for his failure to appear for a judgment debtor

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examination.

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On September 30, 2014, the Honorable George Foley, Jr., United States Magistrate

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Judge, issued an Order certifying to the undersigned that Defendant Kearney was ordered to

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produce documents and appear for a judgment debtor examination and that Kearney failed to do

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so. Order to Show Cause, ECF No. 405. Kearney was ordered to appear before this Court on

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October 16, 2014 to show cause why he should not be held in civil contempt of court for failing
Id.

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rve a copy

of that Order on Kearney and to provide proof of service to the Court. Id. Kearney did not appear

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Kearney with the Order or with its underlying motion.

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...

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At the hearing, the Court noted its concern for ensuring that Plaintiffs intended to fully

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litigate the matter before invoking its contempt power. To that effect, the Court ordered Plaintiff

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Order to Show Cause, by mail and by personal service, and to file proof of service (or, if

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personal service could not be accomplished, an explanation of what attempts had been made to

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do so) with the Court by October 23, 2014. Minutes of Proceedings, ECF No. 408. To date,

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Plaintiffs have not filed any proof of service with the Court. The Court shall therefore dismiss
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In addition, the recent Stipulation filed by the parties reflects a lack of clarity as to

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whether this case should be dismissed entirely. ECF No. 416. While the Stipulation purported to

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dismiss only Defendants Edward C. Reed, Barbara R. Reed, and Barbie, Ltd. d/b/a Re/Max

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Extreme, the Proposed Order stated that this action should be dismissed with prejudice in its

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entirety. Id. Given this lack of clarity and the fact that it does not appear that any active

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Defendants remain in this case, the Court shall require an explanation from Plaintiffs why this

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case should not be dismissed in its entirety.

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Accordingly,

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IT IS ORDERED

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404) is DENIED.

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IT IS FURTHER ORDERED that Plaintiffs Tae-Si Kim and Jin-Sung Hong shall show

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cause, in writing, no later than August 14, 2015, why this case should not be dismissed with

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prejudice in its entirety in accordance with the Proposed Order included i

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Stipulation filed on June 16, 2015.

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DATED: August 6, 2015.
____________________________
RICHARD F. BOULWARE, II
United States District Judge

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