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Wells Fargo Bank NA v. Wyo Tech Investment Group LLC

United States District Court, D. Arizona

August 6, 2019

Wells Fargo Bank NA, Plaintiff,
v.
Wyo Tech Investment Group LLC, et al., Defendants.

          ORDER

          DOMINIC W. LANZA, UNITED STATES DISTRICT JUDGE

         Defendants CWT Canada II Limited Partnership, Resource Recovery Corporation, and Jean Noelting (collectively, the “CWT Parties”) have filed a motion for an order to show cause (“OSC”) and for additional sanctions. (Doc. 183.) For the following reasons, this motion will be granted in part and denied in part.

         BACKGROUND

         On June 19, 2019, the CWT parties filed a different motion for an OSC. (Doc. 159.) That motion sought to hold seven nonparties-(1) Danzik Applied Sciences, LLC (“DAS”), (2) Charles J. Davis, (3) Richard W. Davis, (4) Ashley Mosharrafa, (5) Tamir Mosharrafa, (6) Ali M. Mosharrafa, and (7) Kristin Joiner Mosharrafa (collectively, “the Contemnors”)-in civil contempt for their failure to respond to certain subpoenas that had been served on them in February 2019. (Id.)

         On June 20, 2019, the Court issued a two-page order granting the OSC request. (Doc. 161.) That order set a hearing for June 27, 2019 and made clear that the Contemnors were welcome to file briefs in advance of the hearing. (Id.) The Court also required the CWT Parties to serve “a copy of this Order, together with the papers upon which it was granted, upon” the Contemnors “by overnight courier on or before June 21, 2019.” (Id.)

         On June 20, 2019-i.e., later that day-the CWT Parties made arrangements to serve all of the Contemnors with a copy of the June 20, 2019 order. (Doc. 163.)

         On June 27, 2019, the Court held the OSC hearing. (Docs. 166 [minute entry]; 172 [transcript].) Notably, none of the Contemnors bothered to attend the hearing or submit any briefing. (Id.) Accordingly, the Court issued an order (the “Contempt Order”) that (1) held all seven Contemnors in civil contempt, (2) required the Contemnors to pay the CWT Parties' legal fees incurred in connection with the OSC proceeding, and (3) assessed a daily fine of $250 against each Contemnor, “beginning on June 27, 2019 and lasting until the [Contemnor] fully complies with the subpoena[s] at issue.” (Doc. 167.)

         On July 25, 2019, the Court issued an order requiring the CWT Parties to file a status report concerning (1) whether the Contemnors had been served with the Contempt Order and (2) whether the contemptuous conduct had been cured. (Doc. 180.)

         On July 26, 2019, the CWT Parties filed a status report. (Doc. 181.) It reported that all seven of the Contemnors had been served with the Contempt Order; that five of the seven Contemnors (all but DAS and Richard Davis) had complied with their responsibilities under the subpoenas; and that none of the Contemnors had responded to the CWT Parties' request for payment of the fines and fees authorized by the Contempt Order. (Doc. 181.)

         On August 2, 2019, the CWT Parties filed the now-pending motion for an OSC and for additional sanctions. (Doc. 183.)

         ANALYSIS

         I. The Davises And The Mosharrafas

         On the one hand, the CWT Parties state in their motion that six of the seven Contemnors (not five out of seven, as was reported in the status report) have now fully complied with their responsibilities under the subpoenas. (Doc. 183.) Specifically, the CWT Parties state that Charles Davis made a “substantial production” on July 1, 2019 that “‘fully complies' with the subpoena served on him”; that the Ashley, Tamir, Ali, and Kristin Joinder Mosharrafa “all produced responses to the subpoenas” on July 11, 2019; and that Richard Davis mailed them a compliant set of documents on July 23, 2019. (Id. at 3, 5.)

         On the other hand, the CWT Parties state that none of these Contemnors has paid the daily fines that were assessed against them by the Contempt Order, which the CWT Parties calculate as $1, 000 in the case of Charles Davis, $3, 250 each in the case of Ashley, Tamir, Ali, and Kristin Joiner Mosharrafa, and $6, 500 in the case of Richard Davis. (Id. at 3, 5.) Thus, the CWT Parties ask the Court to issue an OSC why these six Contemnors “should not be held in civil contempt for their refusal to comply with the Contempt Order by refusing to pay the daily fines this Court imposed on each of them, with the sanction for their contempt of the Contempt Order being assessment of daily fines of $1, 000 per day from the date of entry of this order through the date they pay all the daily fines assessed against them under the Contempt Order (plus any additional fines that accrue under this ...


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