Northwest Administrators, Inc v. Valley Pump, Inc

Filing 20

ORDER finding Defendant in civil contempt. Defendant is ORDERED to pay the Court $200 per day. This sanction shall continue to accrue until Defendant files a declaration confirming that it has complied with the Court's order compelling audit (Dkt. No. 13 ). Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NORTHWEST ADMINISTRATORS, INC.,

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Plaintiff,

CASE NO. C18-0865-JCC
ORDER

v.
VALLEY PUMP, INC.,

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Defendant.

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This matter comes before the Court on the hearing for Defendant to show cause why it
should not be held in civil contempt (Dkt. No. 18).

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The Court may grant a motion for an order of contempt if it finds “by clear and

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convincing evidence” that the non-moving contemnors (1) “violated a court order, (2) beyond

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substantial compliance, (3) not based on a good faith and reasonable interpretation of the court’s

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order.” In re Dual-Deck Video Cassette Recorder Antitrust Litig., 10 F.3d 693, 695 (9th Cir.

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1993) (internal alterations omitted). If the moving party meets its burden, “[t]he burden then

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shifts to the contemnors to demonstrate why they were unable to comply” with the court order

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and show that “they took every reasonable step to comply.” Stone v. City & Cty. of San

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Francisco, 968 F.2d 850, 856 n.9 (9th Cir. 1992).

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Plaintiff has submitted clear and convincing evidence that Defendant was served with the
Court’s order compelling audit on November 8, 2018 and February 14, 2019. (Dkt. Nos. 15-1 at
ORDER
C18-0865-JCC
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5, 17 at 1.) Plaintiff has also submitted clear and convincing evidence that Defendant has not

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responded to the Court’s order. (Dkt. No. 15 at 2.) On March 5, 2019, the Court held a hearing

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for Defendant to demonstrate why it was unable to comply with the Court’s order and to show

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that it took every reasonable step to comply. (Dkt. No. 16.) Defendant failed to appear at the

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hearing and has not otherwise responded. (See Dkt. No. 18.) Thus, Defendant has not met its

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burden of establishing that civil contempt is unwarranted. See Stone, 968 F.2d at 856 n.9.

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For the foregoing reasons, the Court finds Defendant in civil contempt of the Court’s

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order. Beginning on the date this order is issued, Defendant is ORDERED to pay to the Court

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$200 per day. This sanction shall continue to accrue until Defendant files a declaration

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confirming that it has complied with the Court’s order compelling audit (Dkt. No. 13).

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DATED this 5th day of March 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C18-0865-JCC
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