Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: STIPULATION AND [PROPOSED] ORDER AND JUDGMENT ON CIVIL CONTEMPT CHARLES R. BREYER , District Judge . STIPULATION On May 16, 2018, the Court issued an Order holding defendant Ryan Michael Spencer in civil contempt of court for refusing to comply with the Court's Order Denying Relief from Order of Magistrate Judge (Dkt. 83) and its Order Granting United States' Motion for Immediate Enforcement of Decryption Order (Dkt. 85). Dkt. 93. The Court held the defendant in civil contempt "until he
Summary: STIPULATION AND [PROPOSED] ORDER AND JUDGMENT ON CIVIL CONTEMPT CHARLES R. BREYER , District Judge . STIPULATION On May 16, 2018, the Court issued an Order holding defendant Ryan Michael Spencer in civil contempt of court for refusing to comply with the Court's Order Denying Relief from Order of Magistrate Judge (Dkt. 83) and its Order Granting United States' Motion for Immediate Enforcement of Decryption Order (Dkt. 85). Dkt. 93. The Court held the defendant in civil contempt "until he ..
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STIPULATION AND [PROPOSED] ORDER AND JUDGMENT ON CIVIL CONTEMPT
CHARLES R. BREYER, District Judge.
STIPULATION
On May 16, 2018, the Court issued an Order holding defendant Ryan Michael Spencer in civil contempt of court for refusing to comply with the Court's Order Denying Relief from Order of Magistrate Judge (Dkt. 83) and its Order Granting United States' Motion for Immediate Enforcement of Decryption Order (Dkt. 85). Dkt. 93. The Court held the defendant in civil contempt "until he decrypts the three electronic devices at issue in this case" and imposed on the defendant "a sanction of $1,000 a day, effective May 15, 2018," to continue until the defendant complied with the Court's Orders by decrypting the devices. Id. at 1.
On June 6, 2018, the defendant unlocked and decrypted the three devices at issue. Accordingly, the parties now stipulate and jointly request that the Court issue an Order lifting, effective June 6, 2018, its Order holding the defendant in civil contempt. The parties further stipulate that the Court's Order should impose a sanction totaling $22,000 for the twenty-two days from May 15, 2018, to June 5, 2018 (inclusive), during which the defendant remained in contempt of the Court's Orders.
IT IS SO STIPULATED.
[PROPOSED] ORDER AND JUDGMENT
On May 16, 2018, the Court issued an Order holding defendant Ryan Michael Spencer in civil contempt of court for refusing to comply with the Court's Order Denying Relief from Order of Magistrate Judge (Dkt. 83) and its Order Granting United States' Motion for Immediate Enforcement of Decryption Order (Dkt. 85). Dkt. 93. The Court held the defendant in contempt "until he decrypts the three electronic devices at issue in this case," and imposed on the defendant "a sanction of $1,000 a day, effective May 15, 2018," to continue until the defendant complied with the Court's Orders by decrypting the devices. Id. at 1.
The parties agree that on June 6, 2018, the defendant unlocked and decrypted the three devices at issue. Accordingly, the Court FINDS that, as of June 6, 2018, the defendant is no longer in contempt of the Court's Orders requiring him to decrypt the devices.
Based on the above findings, IT IS HEREBY ORDERED:
1. Effective June 6, 2018, defendant Ryan Michael Spencer is no longer in contempt of this Court's Order Denying Relief from Order of Magistrate Judge (Dkt. 83) or of this Court's Order Granting United States' Motion for Immediate Enforcement of Decryption Order (Dkt. 85).
2. Judgment is entered in favor of the United States and against the defendant in the amount of $22,000, plus interest from the date of entry of judgment as provided by law until paid in full. Payment shall be made to the Clerk of the U.S. District Court, Attention: Financial Unit: 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102.
IT IS SO ORDERED.
