Blackwater Security Consulting, LLC et al v Nordan

Filing 25

Blackwater Security Consulting, LLC et al v Nordan

Doc. 25

Case 2:06-cv-00049-F

Document 25

Filed 05/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION CIVIL ACTION NO. 2:06-CV-00049-F BLACKWATER SECURITY CONSULTING, LLC, a Delaware Limited Liability Company; and BLACKWATER LODGE AND TRAINING CENTER, INC., a Delaware Corporation, Petitioners, v. RICHARD P. NORDAN, as Ancillary Administrator for the Separate Estates of STEPHEN S. HELVENSTON, MIKE R. TEAGUE, JERKO GERALD ZOVKO, and WESLEY J. K. BATALONA, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MOTION FOR ORDER TO SHOW CAUSE AND REQUEST FOR EXPEDITED CONSIDERATION

On April 20, 2007, the Court granted Petitioners' petition for an order directing arbitration and ordered the parties to proceed with arbitration. In direct violation of the Court's Order, Respondent has filed papers in Wake County state court asking that court to declare that he is not required to arbitrate. Respondent has also filed in Wake County a motion for a Temporary Restraining Order and Preliminary Injunction enjoining the arbitration that this Court has just ordered. A hearing on the preliminary injunction is scheduled in Wake County Superior Court on May 15, 2007. The mere filing of these papers violates this Court's Order. Mr. Nordan's actions in violation of the rulings of this Court are in contempt of this Court's Order directing the parties to arbitrate, meriting prompt entry of a contempt order and appropriate sanctions against Nordan and his counsel, including Petitioners' attorneys' fees. WHEREFORE, Petitioners respectfully request that the Court, prior to the May 15 state court hearing: (i) require Respondent and his counsel to show cause, if any they may have, as to why they should not be found in contempt of Court for failure to obey the Court's Order; (ii)

Dockets.Justia.com

Case 2:06-cv-00049-F

Document 25

Filed 05/08/2007

Page 2 of 3

enjoin Respondent to cease prosecution of any further court actions relating to the Blackwater claims ordered to arbitration; (iii) require Respondent and his counsel to pay the reasonable expenses, including attorneys' fees, incurred by Petitioners as a result of their failure to comply with the Court's Order; and (iv) impose such other and further sanctions against Respondent and his counsel and/or make such further orders as the Court may deem appropriate. This the 8th day of May, 2007. McDERMOTT, WILL & EMERY, LLP By: /s/ Michael P. Socarras Michael P. Socarras DC Bar No. 418127 600 13th Street NW Washington, DC 20005 [phone] Facsimile: [phone] [e-mail] SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. By: /s/ Kirk G. Warner Kirk G. Warner NCSB No. 16238 Mark A. Ash NCSB No. 13967 Post Office Box 2611 Raleigh, North Carolina 27602 [phone] Facsimile: [phone] [e-mail] [e-mail]

ATTORNEYS FOR PETITIONERS

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Case 2:06-cv-00049-F

Document 25

Filed 05/08/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 8, 2007, the foregoing was electronically filed with the Clerk of Court using the CM/ECF system. Notification of such filing was given, as indicated below, by the CM/ECF system to those registered, or by mailing a copy of the same by U.S. Mail, postage paid, to parties who are not registered to receive a Notice of Electronic Filing for this case: David F. Kirby Kirby & Holt, LLP 3201 Glenwood Avenue Suite 100 Raleigh, North Carolina 276212 E-Mail: [e-mail] Attorneys for Respondent Daniel J. Callahan Callahan & Blaine, APLC 3 Hutton Centre Drive, Suite 900 Santa Ana, California 92707 E-Mail: [e-mail] Attorneys for Respondent Notification has also been sent via U.S. Mail and facsimile to: David S. Coats Bailey & Dixon, L.L.P. P.O. Box 1351 Raleigh, NC 27602-1351 Fax: [phone] Attorneys for Respondent This the 8th day of May, 2007. /s/ Kirk G. Warner Kirk G. Warner

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