Employee Painters' Trust v. Clifton

• Court: District Court, D. Nevada
• Decided: November 2, 2021
• Docket: 2:19-cv-00912
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 EMPLOYEE PAINTERS’ TRUST, Case No. 2:19-cv-00912-GMN-EJY

5 Plaintiff, ORDER 6 v.

7 BRANDON S. CLIFTON, an individual; and KIMBERLY A. COMINSKY, an individual; 8 Defendants. 9 10 Pending before the Court is Employee Painters’ Trust’s Motion for Order to Show Cause. 11 ECF No. 53. In its Motion, Painters’ Trust provides an accurate timeline of events that includes the 12 Court’s Order entering Judgment against Defendant Brandon Clifton on January 31, 2020 (ECF No. 13 15); the Order requiring Mr. Clifton to appear for a Judgment Debtor Exam on March 15, 2021 and 14 produce records by March 5, 2021 (ECF No. 45); and, that to date, Mr. Clifton has produced no 15 documents and made no contact with the Painters’ Trust to appear for the examination ordered. ECF 16 No. 53 at 2. 17 “The district court retains jurisdiction to enforce its judgments.” City of Las Vegas, Nev. v. 18 Clark County, Nev., 755 F.2d 697, 701 (9th Cir. 1985) (citing Wood v. Santa Barbara Chamber of 19 Commerce, Inc., 705 F.2d 1515, 1524 (9th Cir. 1983)). “A district court has the power to adjudge 20 in civil contempt any person who willfully disobeys a specific and definite order of the court.” 21 Gifford v. Heckler, 741 F.2d 263, 265 (9th Cir. 1984) (citing Shuffler v. Heritage Bank, 720 F.2d 22 1141, 1146 (9th Cir. 1983)). “A person fails to act as ordered by a court when ‘he fails to take all 23 the reasonable steps within his power to ensure compliance with the court’s order.’” Id. at 265-66 24 (quoting Shuffler, 720 F.2d at 1146-47). The Court also enjoys broad discretion when deciding 25 whether a party has defied its orders and should be held in contempt. Id. at 266 (citing Neebars, Inc. 26 v. Long Bar Grinding, Inc., 438 F.2d 47, 48 (9th Cir. 1971)). Here, there is no dispute that Brandon 27 Clifton has not obeyed Orders of the Court despite being served with such Orders and having ample 1 Accordingly, IT IS HEREBY ORDERED that Employee Painters’ Trust’s Motion for Order 2 to Show Cause (ECF No. 53) is GRANTED. 3 IT IS FURTHER ORDERED that Defendant Brandon Clifton shall respond in writing, no 4 later than November 30, 2021, why the Court should not find him in contempt and award Employee 5 Painters’ Trust its reasonable attorney’s fees and costs for bringing the Motion for Order to Show 6 Cause. 7 IT IS FURTHER ORDERED that Employee Painters’ Trust shall serve a copy of this Order 8 on Defendant Brandon Clifton through placing a copy of this Order in regular U.S. Mail and 9 sending the same by certified mail to Mr. Clifton at the following address where he was served 10 with the Court’s March 5, 2021 Order: 3890 Graphic Center Dr., #2034, Las Vegas, Nevada 89118. 11 IT IS FURTHER ORDERED that Brandon Clifton’s failure to comply with the contents of 12 this Order to Show Cause shall result in a finding of contempt, an award of the Employee Painters’ 13 Trust’s reasonable attorney’s fees and costs for bringing its Motion for Order Show Cause, and the 14 imposition of additional sanctions as the Court may deem appropriate. 15 Dated this 2nd day of November, 2021. 16

17 ELAYNA J. YOUCHAH 18 UNITED STATES MAGISTRATE JUDGE

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