Sunteck Transport Company, LLC v. TCSL, Inc.

CourtDistrict Court, E.D. California
DecidedAugust 27, 2024
Docket2:19-cv-02364
StatusUnknown

This text of Sunteck Transport Company, LLC v. TCSL, Inc. (Sunteck Transport Company, LLC v. TCSL, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sunteck Transport Company, LLC v. TCSL, Inc., (E.D. Cal. 2024).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUNTECK TRANSPORT COMPANY, Case No. 2:19-cv-02364-TLN-JDP LLC, 12 ORDER, FINDINGS, AND CERTIFICATION Plaintiff, RE: CIVIL CONTEMPT 13 v. ECF No. 39 14 TCSL, Inc., 15 Defendant. 16 17 This case was before me on December 14, 2023, for hearing on plaintiff’s motion for an 18 order finding Peter Svit, defendant’s Chief Executive, in civil contempt for failure to comply with 19 the court’s November 18, 2022, and July 24, 2023 orders. Those orders required Mr. Svit to 20 provide testimony and produce documents at two judgment debtor examinations. Plaintiff also 21 asks that Mr. Svit be ordered to reimburse the reasonable expenses it incurred due to Mr. Svit’s 22 noncompliance with the court’s orders. 23 At the hearing, I informed the parties that I would defer ruling on plaintiff’s motion to 24 allow Mr. Svit an opportunity to achieve compliance. More recently, I ordered him to file a status 25 report addressing his compliance. Mr. Svit neither filed a status report nor otherwise 26 demonstrated compliance with the court’s November 18, 2022, and July 24, 2023 orders. 27 Accordingly, I find that Mr. Svit is in civil contempt and that coercive sanctions are appropriate 28 to gain his compliance. 1 I. Background 2 On August 6, 2021, the court entered default judgment against defendant TCLS, Inc. in 3 the amount of $51,120.23. On November 18, 2022, I issued an order requiring Peter Svit, 4 defendant’s CEO, to produce documents and appear for a judgment debtor examination on 5 January 19, 2023. Although Mr. Svit appeared, he did not bring any documents and provided 6 only limited testimony concerning defendant’s finances. Plaintiff subsequently filed a motion 7 seeking reimbursement of the attorney fees it incurred in conducting the unproductive 8 examination, ECF No. 33, and an ex parte application requesting that Mr. Svit be ordered to 9 appear again for a judgment debtor examination, ECF No. 34. On July 24, 2024, I granted the 10 application and ordered Mr. Svit to produce documents and to appear for a second judgment 11 debtor examination on August 24, 2023. ECF No. 35. In a subsequent order, I denied plaintiff’s 12 motion for fees without prejudice to renewal upon completion of Mr. Svit’s judgment debtor 13 examination. ECF No. 36. 14 In violation of the July 24 order, Mr. Svit neither produced documents nor appeared for 15 the August 24, 2023 judgment debtor examination. Plaintiff subsequently filed the instant motion 16 for an order finding Mr. Svit in contempt, which was before me for hearing on December 14, 17 2023. ECF No. 39. On December 5, 2023, Mr. Svit belatedly filed a response, which stated that 18 he was trying to resolve the dispute informally and that he intended to appear at the hearing. ECF 19 No. 43. At the hearing, Mr. Svit appeared with attorney Marcus Wiggins, who indicated that he 20 had only recently been asked to represent Mr. Svit and had not yet been formally retained. 21 Nevertheless, Mr. Wiggins expressed optimism that, after reviewing the documents at issue, he 22 would be able to informally resolve the parties’ dispute. 23 In light of Mr. Wiggins’s representations, I deferred ruling on plaintiff’s motion and 24 directed the parties to file, within thirty days, status reports addressing Mr. Svit’s compliance with 25 the court’s orders. After formally appearing as defendant’s counsel of record, Mr. Wiggins filed 26 a status report. ECF No. 47. His report, however, did not address the status of Mr. Svit’s 27 compliance with the court’s orders. Instead, it merely stated that Mr. Wiggins had consulted with 28 additional counsel and was exploring defendant’s options. Id. Then on March 17, 2024, Mr. 1 Wiggins filed a “notice of proposed resolution for attorney fees,” which proposed that Mr. Svit 2 pay $9,400 to resolve the parties’ dispute. ECF No. 49. 3 Significantly, none of Mr. Wiggins’s filings addressed the central issue—Mr. Svit’s 4 failure to comply with court orders requiring him to provide testimony and documents. Out of an 5 abundance of caution, I granted Mr. Svit one last opportunity to address his failure to comply 6 with the court’s November 18, 2022, and July 24, 2023 orders. Accordingly, on August 2, 2024, 7 I ordered him to file, within fourteen days, a status report addressing the status of his compliance 8 with the court’s November 18, 2022 and July 24, 2023 orders. ECF No. 51. In violation of that 9 order, Mr. Svit failed to file a status report.1 10 II. Legal Standards 11 “A court has the inherent power to punish for civil or criminal contempt any obstruction 12 of justice relating to any judicial proceedings.” Lambert v. Montana, 545 F.2d 87, 88 (9th Cir. 13 1976). Civil contempt “consists of a party’s disobedience to a specific and definite court order by 14 failure to take all reasonable steps within the party’s power to comply.” Reno Air Racing Ass’n, 15 Inc. v. McCord, 452 F.3d 1126, 1130 (9th Cir. 2006). The purpose of a civil contempt sanction is 16 to coerce the party in contempt to comply with the court’s order in the future, with the sanction 17 conditioned on continued noncompliance. Richmark Corp. v. Timber Falling Consultants, 959 18 F.2d 1468, 1481 (9th Cir. 1992). Thus, a party imprisoned for contempt “carries the keys of his 19 prison in his own pocket because civil contempt is intended to be remedial by coercing the 20 defendant to do what he had refused to do.” Lasar v. Ford Motor Co., 399 F.3d 1101, 1110 (9th 21 Cir. 2005); see Shell Offshore Inc. v. Greenpeace, Inc., 815 F.3d 623, 629 (9th Cir. 2016) (“[T]he 22 ability to purge is perhaps the most definitive characteristic of coercive civil contempt.”). 23 “The moving party has the burden of showing by clear and convincing evidence that the 24 contemnors violated a specific and definite order of the court.” Federal Trade Comm’n v. 25 Affordable Media, 179 F.3d 1228, 1239 (9th Cir. 1999). To establish that civil contempt is 26 appropriate, plaintiff must demonstrate “(1) that [Mr. Svit] violated the court order, (2) beyond 27 1 Plaintiff’s counsel filed a status report in which he represented that Mr. Svit has neither 28 provided any documents nor otherwise communicated with plaintiff’s counsel. ECF No. 52. 1 substantial compliance, (3) not based on a good faith and reasonable interpretation of the order, 2 (4) by clear and convincing evidence.” United States v. Bright, 596 F.3d 683, 694 (9th Cir. 3 2010). Once plaintiff has made this showing, the burden shifts to Mr. Svit to demonstrate that he 4 “took all reasonable steps within his power to insure compliance with” the court’s orders. Hook 5 v. Arizona Dept. of Corrections, 107 F.3d 1397, 1403 (9th Cir. 1997). 6 The district court has considerable discretion in fashioning appropriate sanctions to 7 address contemptuous conduct. See United States v. Sumitomo Marine & Fire Ins. Co., 617 F.2d 8 1364, 1369 (9th Cir. 1980) (“The choice among the various sanctions rests within the discretion 9 of the district court.”); United States v. Flores, 628 F.2d 521, 527 (9th Cir.

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Bluebook (online)
Sunteck Transport Company, LLC v. TCSL, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunteck-transport-company-llc-v-tcsl-inc-caed-2024.