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In re The Contempt of Agha-Khan, 1:17-CV-011-DAD. (2017)

Court: District Court, E.D. California Number: infdco20170323901 Visitors: 3
Filed: Mar. 22, 2017
Latest Update: Mar. 22, 2017
Summary: ORDER PURSUANT TO STATUS CONFERENCE RE CRIMINAL CONTEMPT LAWRENCE J. O'NEILL , Chief District Judge . On February 9, 2017, the Court issued an Order to Show Cause re Criminal Contempt ("OSC"), explaining that the Court "the Court will hold a hearing to determine whether Plaintiff should be held in criminal contempt for the language contained in [her] filings in this case." Doc. 4 at 1. The Court set a status conference for the matter on March 22, 2017. Doc. 22. At the status conference, th
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ORDER PURSUANT TO STATUS CONFERENCE RE CRIMINAL CONTEMPT

On February 9, 2017, the Court issued an Order to Show Cause re Criminal Contempt ("OSC"), explaining that the Court "the Court will hold a hearing to determine whether Plaintiff should be held in criminal contempt for the language contained in [her] filings in this case." Doc. 4 at 1. The Court set a status conference for the matter on March 22, 2017. Doc. 22.

At the status conference, the U.S. Attorney's Office stated that it is still evaluating whether it will proceed with the Court's request to prosecute Plaintiff for contempt, and requested more time to commit.

As explained on the record in open Court during that status conference, Plaintiff emailed the undersigned's judicial assistant on the morning of March 22, 2017,1 stating: "This request for injunctive relief [attached as a PDF document] was filed with Ninth Circuit on March 06, 2017. A copy was mailed to Judge O'Neill. Thus today's hearing Re: Criminal Contempt should be off the calendar. Also Appeal was sent to Supreme Court for filing." The undersigned's judicial assistant responded: "Filing the motion does not stay the proceedings in this court. Please be advised, if you do not appear for your hearing today, Judge O'Neill will be issuing a bench warrant for your arrest." Plaintiff responded: "Thanks. But he has no jurisdiction as he is not a Judge on my case. So he is acting as an individual and is threatening me. This is what I was told by certain investigating authorities."

Plaintiff did not appear at the status conference. Accordingly, the Court issued a warrant for her arrest with bail set at $50,000.

The Court will hold a status conference for April 11, 2017, at 10:00A.M. to discuss the U.S. Attorney's Office's prosecutorial position and how the parties intend to proceed. The Plaintiff is encouraged to have counsel at that hearing.

IT IS SO ORDERED.

FootNotes


1. The email chain between Plaintiff and the undersigned's judicial assistant are attached to this Order.
Source:  Leagle

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