Harrington et al v. Tackett

Filing 179

ORDER re: 178 Defendant's Response. The court will give Plaintiffs a chance to respond to Tackett's latest filing and then will hold a hearing, at which point the issue of possible incarceration will be addressed. Plaintiffs may also consider and advise the court in their response whether they would like to seek relief under Federal Rule of Civil Procedure 60(b) to seek a monetary judgment instead of rescission. IT IS HEREBY ORDERED that Plaintiffs have until August 30, 2021, to file a response to Tackett's notice. The court will schedule a hearing on this issue for after briefing is completed. Signed by Magistrate Judge William G. Cobb on 8/16/2021. (Copies have been distributed pursuant to the NEF - HJ)

Case 3:18-cv-00028-WGC Document 179 Filed 08/16/21 Page 1 of 2

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

DANIEL HARRINGTON,
4 PAMELLA HARRINGTON,
and NIGHTWATCH MARINE, LLC,
5
Plaintiff
6
v.
7
DAVID TACKETT,
8
Defendant
9
10

Case No.: 3:18-cv-00028-WGC
Order
Re: ECF No. 177

The court found Tackett to be in civil contempt of the court’s orders to return the

11 approximately 130,000 pounds of turquoise ore to Plaintiffs, and gave Tackett until noon on
12 August 11, 2021, to file a notice advising the court and Plaintiffs of the location of the 130,000
13 pounds of turquoise ore sold to him by the Plaintiffs. If he did not do so, the court said it would
14 issue a warrant for his arrest and have him incarcerated until he complies with the court’s orders
15 to purge his contempt. (ECF No. 175.) Tackett sought and was granted an extension until noon
16 on August 16, 2021, to file his notice. (ECF Nos. 176, 177.) Tackett filed his notice on
17 August 16, 2021. (ECF No. 178.)
18

Tackett maintains that all the turquoise he received from the Plaintiffs is located in the

19 fenced yard portion of the property at 2711 E. Lakin Drive in Flagstaff, Arizona, and that the 34
20 totes, one bag, and 4 small buckets of material encompass the entire amount of material that
21 came from Plaintiffs’ property.
22

The court will give Plaintiffs a chance to respond to Tackett’s latest filing and then will

23 hold a hearing, at which point the issue of possible incarceration will be addressed. Plaintiffs

Case 3:18-cv-00028-WGC Document 179 Filed 08/16/21 Page 2 of 2

1 may also consider and advise the court in their response whether they would like to seek relief
2 under Federal Rule of Civil Procedure 60(b) to seek a monetary judgment instead of rescission.
3
4

CONCLUSION
Plaintiffs have until August 30, 2021, to file a response to Tackett’s notice. The court

5 will schedule a hearing on this issue for after briefing is completed.
6

IT IS SO ORDERED.

7

Dated: August 16, 2021.

8

_________________________________
William G. Cobb
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

2