Bonnet et al v. Harvest US Holdings Inc et al

Filing 16

ORDER that Trek Petroleum Company shall comply with 9 Order on Motion to Compel within 10 days from the date of this order. IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order and of 9 Order on Motion to Trek Petroleum Company via US Mail to Incorp Services, Inc. as Resident Agent for Trek Petroleum Company, 2360 Corporate Circle, Ste. 400, Henderson, Nevada, 89074-7722, and via fax to 432-368-9020. Signed by Magistrate Judge George Foley, Jr on 10/14/11. (Copies have been distributed pursuant to the NEF - cc: via US Mail and fax - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT C. BONNET,
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Plaintiff,
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vs.
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HARVEST (US) HOLDINGS, INC., et al.,
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Defendants.
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__________________________________________)

Case No. 2:11-cv-00315-RLH-GWF
ORDER

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This matter comes before the Court on Trek’s Response to Order to Show Cause (#15),

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filed on October 11, 2011. On September 27, 2011, the Court issued an Order to Show Cause

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(#12) as to why the Court should not hold Trek Petroleum Company in civil contempt for their

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failure to respond to the Court’s previous Order (#4) and the subpoena dated May 23, 2011.

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On October 11, 2011, Trek submitted a letter (#15) to the Court in response to the Order to

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Show Cause. Trek states that on October 10, 2011, it received the Court’s Order to Compel (#9)

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via FedEx from Incorp. Services Inc. (its resident agent), but had no way to determine the order’s

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legitimacy. Trek states that it is not in the practice of disclosing confidential information to third

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persons without confirmation that the document is an official court document. Trek further

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claims that “upon confirmation from the Court that the Order to Compel is an official document of

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the court we are prepared to provide the court with the financial information requested.”

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While the Court is not persuaded by Trek’s response to the Court’s Order to Show Cause,

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the Court will accept Trek’s representations that upon confirmation that the Court’s Order (#9) is

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an official order, they will disclose the subpoenaed documents. Trek requests direct confirmation

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from the Court, yet they neglect to provide the Court will a method of providing that confirmation.

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Incorp Services Inc. is the resident registered agent for Trek, and the Court will therefore order the

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Clerk of Court to send a copy of this Order and the Court’s previous Order (#9) to Incorp

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Services. Further, the Court received Trek’s response via facsimile from fax number 1-432-268-

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9020. The Court will direct the Clerk of Court to send a copy of this Order and the Court’s

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previous Order (#9) to Trek via facsimile.

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Trek further indicated that it will provide the subpoenaed documents to the Court. The

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Court however orders Trek to provide the requested documents to Defendants Harvest Holdings

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Inc. and Elton Blackhair. Harvest Holdings Inc. and Elton Blackhair can be contacted through

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their counsel Brian G. Anderson at Holland & Hart, LLP., 9555 Hillwood Drive, Second Floor,

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Las Vegas, Nevada 89134. Failure to comply with this Order will result in the imposition of

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sanctions. Accordingly,
IT IS HEREBY ORDERED that Trek Petroleum Company shall comply with the Court’s

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Order #9 within ten (10) days from the date of this Order. Failure to comply will result in

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sanctions.

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IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order and

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the Court’s Order (#9) entered on September 21, 2011 to Trek Petroleum Company by via U.S.

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Mail to Incorp Services, Inc. as Resident Agent For Trek Petroleum Company, 2360 Corporate

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Circle, Ste. 400, Henderson, Nevada 89074-7722, and via facsimile to fax # [phone].

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DATED this 14th day of October, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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