Cascade Capital, LLC et al v. DRS Processing LLC

Filing 38

ORDER re 37 Status Report. The execution of previously imposed contempt sanctions continues to be suspended. Defendants deadline to purge their contempt is no later than November 15, 2018. Plaintiffs deadline to purge its contempt is on or before December 15, 2018. Signed by District Judge Robert J. Conrad, Jr on 11/5/2018. (jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00470-RJC-DSC
CASCADE CAPITAL, LLC and
CASCADE CAPITAL, LLC –
SERIES A,

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Plaintiffs,
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v.
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DRS PROCESSING LLC d/b/a
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MILLER STARK KLEIN &
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ASSOCIATES
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Defendant.
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____________________________________ )

ORDER

THIS MATTER comes before the Court on the parties’ Joint Status Report,
(Doc. No. 37), regarding the progress of DSR Processing LLC dba Miller Stark Klein
& Associates and its owner Darryl Miller (collectively, “Defendant”) to purge
contempt, (see Doc. No. 30: Contempt Order). At the conclusion of the report, Cascade
Capital, LLC and Cascade Capital, LLC – Series A’s (“Plaintiffs”) request additional
time for the parties to identify and attempt to obtain all relevant documents and
thereafter to file appropriate pleadings. (Doc. No. 37: Motion at 8).
IT IS, THEREFORE, ORDERED that:
1. The execution of previously imposed contempt sanctions continues to be
suspended;
2. The deadline for DRS and Miller to purge their contempt is no later than
November 15, 2018; and
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3. Plaintiffs may file submissions as to damages, attorney’s fees, and any additional
sanctions it seeks as to alleged spoliation, failure to comply otherwise with the
Judgment, and/or failure to purge its contempt on or before December 15, 2018.
The Clerk is directed to certify copies of this Order to Plaintiffs, Defendant,
and the United States Marshal Service.

Signed: November 5, 2018

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