United States

Filing 44

ORDER. Therefore, IT IS ORDERED: The United States' Motion (ECF No. 43 ) is GRANTED; Defendant Bill Sunga Modina shall appear on June 3, 2024, 2024 at 1:00pm and SHOW CAUSE why he should not be held in contempt or sanctioned for violatin g the Court's Order (ECF No. 40 ) by not responding to the United States' First Set of Post-Judgment Interrogatories and First Set of Post-judgment Request for Production; The United States shall serve defendant a copy of this Order in accordance with Fed. R. Civ. P. 4(e)(2); and The Court Clerk is directed to mail the defendant a copy of this Order to both of the following addresses: (1) 7835 S. Rainbow #4-200, Las Vegas, NV 89139; and (2) 4467 Romona Falls Ave., Las Vegas, Nev ada 89141. Show Cause Hearing set for 6/3/2024 at 01:00 PM in Courtroom to be determined before Magistrate Judge Maximiliano D. Couvillier III. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 5/1/2024. (Copies have been distributed pursuant to the NEF. Copy of Order mailed to above addresses. - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

2:14-cv-00474-JAD-MDC

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Plaintiff,

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v.

ORDER REQUIRING DEFENDANT TO
APPEAR AND SHOW CAUSE WHY HE
SHOULD NOT BE HELD IN CONTEMPT
OR SANCTIONED FOR FAILING TO
COMPLY WITH THE COURT’S ORDER

BILL SUNGA MODINA d/b/a 5M Financial and Date: June 3, 2024
Time: 1:00 PM
6M Financial,
Defendant.

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Pending before the Court is the United States’ Motion (“Motion”)(ECF No. 43) for an order to
show cause why defendant Bill Sunga Modina should not be held in civil contempt for violating the
Court’s February 23, 2024, Order (“Order”)(ECF No. 40)
The Court’s Order granted the United States’s discovery motion (ECF No. 38), and compelled
defendant to respond to the United States’ First Set of Post-Judgment Interrogatories and First Set of
Post-judgment Request for Production. See ECF Nos. 38 and 40. The Court’s Order required defendant
to respond to the United States’ discovery by March 15, 2024. See ECF No. 40. The United States has
shown that defendant was served with a copy of the Court’s Order on March 3, 2024, at 4467 Romona
Falls Ave., Las Vegas, Nevada 89141 (ECF No. 43-2).
In its Motion, the United States reports that defendant did not comply with the Court’s Order and
has not responded to its discovery as compelled by the Order. See ECF No. 43. Defendant did not

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respond to the United States’ Motion. Per LR 7-2(d), “[t]he failure of an opposing party to file points

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and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for

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attorney’s fees, constitutes a consent to the granting of the motion. Id.

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Therefore, IT IS ORDERED:
1).

The United States’ Motion (ECF No. 43) is GRANTED;

2).

Defendant Bill Sunga Modina shall appear on June 3, 2024, 2024 at 1:00pm and SHOW

CAUSE why he should not be held in contempt or sanctioned for violating the Court’s Order (ECF No.
40) by not responding to the United States’ First Set of Post-Judgment Interrogatories and First Set of
Post-judgment Request for Production;
3).

The United States shall serve defendant a copy of this Order in accordance with Fed. R.

Civ. P. 4(e)(2); and
4).

The Court Clerk is directed to mail the defendant a copy of this Order to both of the

following addresses: (1) 7835 S. Rainbow #4-200, Las Vegas, NV 89139; and (2) 4467 Romona Falls
Ave., Las Vegas, Nevada 89141.

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Dated: May 1, 2024.

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___________________________
Hon. Maximiliano D. Couvillier III
United States Magistrate Judge

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