ORDER TO SHOW CAUSE AS TO WHY SOPHIA DALEY, JEREMY JOHNSON AND RICHARD H. CASPER SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR VIOLATION OF THE PRELIMINARY INJUNCTION ORDER
MIRANDA M. DU, District Judge.
The matter of the Motion for Issuance of An Order to Show Cause as to Why Sophia Daley, Jeremy Johnson and Their Counsel Richard H. Casper Should Not Be Held in Contempt of Court for Violation of the Preliminary Injunction Order ("OSC Application") came on before the Court for determination, the Honorable Miranda M. Du, United States District Judge presiding. The Court, having reviewed and considered the OSC Application and the pleadings and papers filed in support thereof, and good cause appearing therefor,
ORDER TO SHOW CAUSE AS TO SOPHIA DALEY, JEREMY JOHNSON AND RICHARD H. CASPER
IT IS ORDERED that Sophia Daley ("Daley"), defendant Jeremy Johnson ("Johnson") and Richard H. Casper ("Casper"), and each of them, shall appear in person before this Court for a hearing to be conducted commencing at 1:30 PM .m. on February 11, 2016, 2015 in Courtroom TBA of this Court located at 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101, and shall there and then show cause as to why Daley, Johnson, and Casper, and each of them, should not be held in contempt of court for violations of Sections XIX and XX of the Preliminary Injunction Order entered February 10, 2011 ("Preliminary Injunction") as described in the Receiver's OSC Application, including but not limited to the following:
A. The filing of the Motion for Leave to Amend Complaint and Join Parties by Daley ("Motion to Amend") filed in the action Sophia Daley v. Paradise Ranch Development, LLC, et al., Case No. 150500478 pending in the Fifth District Court for Washington County, Utah ("Utah Action"), together with the supporting Memorandum with a proposed amended complaint attached to the Memorandum in the Utah Action with knowledge of the Preliminary Injunction;
B. The continued prosecution of the Motion for Leave to Amend Complaint and Join Parties by Daley from and after October 7, 2015 when the Receiver's counsel issued its demand in writing to Casper to withdraw the Motion to Amend and/or dismiss the proposed amended complaint to the extent that it named as defendants and sought relief against Robb Evans and Robb Evans of Robb Evans & Associates LLC; and
IT IS FURTHER ORDERED that upon a finding that Daley, Johnson and/or Casper is in contempt of Court, individually or jointly (the "Contempt Order"), the Court will consider, without limitation, the following relief:
A. An order directing Daley, Johnson and/or Casper to take all steps necessary and/or appropriate to cause the Motion to Amend to be withdrawn and/or the proposed revised amended complaint in the Utah Action to be dismissed to the extent the proposed revised amended complaint asserts claims for relief against Robb Evans and/or Robb Evans of Robb Evans & Associates LLC within two business days of the date of entry of the Contempt Order;
B. An order directing Daley, Johnson and Casper, jointly and severally, to pay to the Receiver on behalf of the receivership estate from non-receivership assets and from sources of funds that do not originate from assets of the Receivership Defendants the amount of all fees and expenses of the Receiver's counsel incurred by the receivership estate in connection with the preparation, filing and prosecution of the OSC Application and the proceedings leading up to and including the issuance of the Contempt Order, according to proof; and
IT IS FURTHER ORDERED that service of this Order to Show Cause shall be effectuated by the Receiver on Daley by: (a) service of this Order on her counsel Richard H. Casper at the business address of the Richard H. Casper, P.C., 5420 South Green Street, Murray, Utah, by overnight mail service for receipt by no later than January 22, 2016. and (b) by personal service to be effectuated prior to the hearing on this Order to Show Cause; and
IT IS FURTHER ORDERED that service of this Order to Show Cause shall be effectuated by the Receiver on Johnson by: (a) service of this Order on his counsel Richard H. Casper at the business address of the Richard H. Casper, P.C., 5420 South Green Street, Murray, Utah, by overnight mail service for receipt by no later than January 22, 2016. (b) service of this Order by overnight mail delivery service on Johnson addressed to him at his residence at 529 S. Woodsview Circle, St. George, Utah for receipt by no later than January 22, 2016; and (c) by personal service to be effectuated prior to the hearing on this Order to Show Cause; and
IT IS FURTHER ORDERED that service of this Order to Show Cause shall be effectuated by the Receiver on Casper by: (a) service of this Order on his business address to the attention of Richard H. Casper at the business address of the Richard H. Casper, P.C., 5420 South Green Street, Murray, Utah, by overnight mail service for receipt by no later than January 22, 2016, 2015; and (b) by services of this Order on Casper by electronic mail at rhcasper@csolutions.net by no later than January 29, 2016.
