VIZANT TECHNOLOGIES, LLC et al v. WHITCHURCH et al

Filing 316

MEMORANDUN AND ORDER THAT WHITCHURCH SHALL EMAIL AN APOLOGY TO FRANK SEIDMAN ON OR BEFORE 2/15/17. THE APOLOGY MUST STATE SPECIFICALLY THAT WHITCHURCH APOLOGIZES FOR HER CONDUCT IN SENDING SEIDMAN EMAILS DATED 11/21/16, 11/28/16, 11/29/16, 12/2/16 AN D 1/12/17 AND FOR HER VIOLATION OF THIS COURTS 1/8/16 PERMANENT INJUNCTION. WHITCHURCH SHALL FILE FORTHWITH AN AFFIDAVIT STATING THAT SHE HAS COMPLIED WITH PARAGRAPHS (1) AND (2) OF THIS ORDER AND STATE THE DATE WHEN COMPLIANCE TOOK PLACE. A COPY OF THE EMAILED APOLOGY SHALL BE ATTACHED TO THE AFFIDAVIT, AS OUTLINED HEREIN. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/13/17. 2/13/17 ENTERED AND COPIES MAILED TO UNREP DEFENDANT, EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

VIZANT TECHNOLOGIES, LLC,
et al.
v.
JULIE P. WHITCHURCH, et al.

:
:
:
:
:
:

CIVIL ACTION

NO. 15-431

ORDER
AND NOW, this 13th day of February, 2017, based on
the court’s findings of fact and conclusions of law set
forth in the accompanying Memorandum that defendant Julie P.
Whitchurch is in civil contempt of the court’s permanent
injunction entered on January 8, 2016, it is hereby ORDERED
that:
(1) Whitchurch shall email an apology to Frank
Seidman on or before February 15, 2017.

The apology must

state specifically that Whitchurch apologizes for her
conduct in sending Seidman emails dated November 21, 2016,
November 28, 2016, November 29, 2016, December 2, 2016, and
January 12, 2017 and for her violation of this court’s
January 8, 2016 permanent injunction;
(2) Whitchurch shall file forthwith an affidavit
stating that:
(a)

she has complied with paragraphs (1) and

(2) of this Order; and

(b)

state the date when compliance took

place. A copy of the emailed apology shall
be attached to the affidavit;
(3) if Whitchurch has not complied with paragraphs
(1) and (2) of this Order on or before February 15, 2017,
sanctions are IMPOSED against Whitchurch in the amount of
$300 per day or part of day until she has complied.

Said

sanctions shall be paid to the Clerk for the United States
District Court for the Eastern District of Pennsylvania and
mailed to: Clerk’s Office, Attention: Fiscal Department,
United States District Court for the Eastern District of
Pennsylvania, 2609 U.S. Courthouse, 601 Market Street,
Philadelphia PA 19106-1797 1;
(4) Whitchurch is liable for counsel fees and
costs related to the preparation of the November 28, 2016
motion (Doc. # 304), preparation for the February 2, 2017
Show Cause Hearing, and attendance of the February 2, 2017
Show Cause Hearing; and
(5) if plaintiffs’ counsel seeks fees and costs,
counsel shall file with the court on or before February 16,
2017, records time and records of costs and a supporting
brief relating to:
1. Checks or money orders should be made payable to “Clerk,
U.S.D.C.” and should identify the caption and number of this
action.
-2-

(a)

preparation of the November 28, 2016

motion for an Order to Show Cause (Doc.
# 304);
(b)

preparation for the February 2, 2017

Show Cause Hearing; and
(c)

attendance of the February 2, 2017 Show

Cause Hearing.

BY THE COURT:

/s/ Harvey Bartle, III

-3-

_
J.