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IN RE LOTHIAN OIL INC., 07-70121 (2011)

Court: United States Bankruptcy Court, W.D. Texas Number: inbco20110406819 Visitors: 14
Filed: Apr. 06, 2011
Latest Update: Apr. 06, 2011
Summary: ORDER TO APPEAR AND SHOW CAUSE RONALD B. KING, Chief Bankruptcy Judge On this day this Court considered the Reorganized Debtors' Motion to Enforce Contempt Judgment and for Additional Sanctions (the "Motion") against (i) attorney Jessica Sokol ("Sokol"), (ii) Israel Grossman ("Grossman"), and (iii) Sokol's clients, Zalman Anderson, Jan Arnett, Albert Balakhane, Edmond Balakhane, Lawrence Clark, Brenda Crayk, Jacob and Miriam Dekelbaum, Azriel Horowitz, Charles Soltz, Daniel and M. Zucker, Akbe
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ORDER TO APPEAR AND SHOW CAUSE

RONALD B. KING, Chief Bankruptcy Judge

On this day this Court considered the Reorganized Debtors' Motion to Enforce Contempt Judgment and for Additional Sanctions (the "Motion") against (i) attorney Jessica Sokol ("Sokol"), (ii) Israel Grossman ("Grossman"), and (iii) Sokol's clients, Zalman Anderson, Jan Arnett, Albert Balakhane, Edmond Balakhane, Lawrence Clark, Brenda Crayk, Jacob and Miriam Dekelbaum, Azriel Horowitz, Charles Soltz, Daniel and M. Zucker, Akberali Khakee Pension Plan, Anna Meisher Pension Plan, Feinberg Family Trust, Herzberg Family Trust, Hirshberg Family Trust, JG Trust, Listokin Trust, Lothian Cassidy, LLC, Moses Family Trust, MYG Trust, Pension Solutions, S. Pollak Audiological P.C. Profit Sharing Plan, Shorivger Trust, Shoshana Trust, Spitzer Family Trust, YG Trust, YS Trust, YYSD Trust, and 731 895 866 LLC (collectively, the "Sokol Clients") (Sokol, Grossman, and the Sokol Clients are collectively referred to herein as "Respondents"), filed on March 16, 2011.

Having reviewed the Motion and the attachments thereto, the Court finds that:

1. On July 15, 2010, the Court entered its Final Contempt Judgment1 and Final Contempt Judgment Findings of Fact and Conclusions of Law.2

2. Under the Final Contempt Judgment, Respondents are subject to a $10,000 sanction for each action taken or pleading filed in furtherance of the lawsuit currently pending in this Court as Adversary Proceeding No. 10-7011-RBK (the "New York Lawsuit"), with such sanctions payable to the Court.3

3. Under the Final Contempt Judgment, the Reorganized Debtors may recover from Respondents the reasonable and necessary attorneys' fees incurred in defending, responding to, or otherwise addressing Respondents' post-Final Contempt Judgment actions in furtherance of the New York Lawsuit,4

4. From July 20, 2010 through October 8, 2011, Respondents filed eight pleadings and other documents in the United States District Court for the Eastern District of New York in furtherance of the New York Lawsuit and in violation of the Final Contempt Judgment.5

5. From July 20, 2010 through December 13, 2010, Respondents filed 32 pleadings and other documents in the United States Court of Appeals for the Second Circuit in furtherance of the New York Lawsuit and in violation of the Final Contempt Judgment.6

It is, therefore, ORDERED that Jessica Sokol, Israel Grossman, Zalman Anderson, Jan Arnett, Albert Balakhane, Edmond Balakhane, Lawrence Clark, Brenda Crayk, Jacob and Miriam Dekelbaum, Azriel Horowitz, Charles Soltz, Daniel and M. Zucker, Akberali Khakee Pension Plan, Anna Meisher Pension Plan, Feinberg Family Trust, Herzberg Family Trust, Hirshberg Family Trust, JG Trust, Listokin Trust, Lothian Cassidy, LLC, Moses Family Trust, MYG Trust, Pension Solutions, S. Pollak Audiological P.C. Profit Sharing Plan, Shorivger Trust, Shoshana Trust, Spitzer Family Trust, YG Trust, YS Trust, YYSD Trust, and 731 895 866 LLC, appear before this Court on the 26th day of April, 2011 at 9:30 o'clock a.m., and show cause why they should not be held in contempt of this Court's Final Contempt Judgment dated July 15, 2010, docket number 2490, and subject to the additional sanctions and penalties set forth therein.

It is further ORDERED that Respondents are to appear before this Court on the above-specified date and show cause why they should not be held in further contempt of this Court's order dated June 27, 2008, docket number 1300.

It is further ORDERED that Respondents are to appear before this Court on the above-specified date and show cause why they should not be held in further contempt of this Court's order dated January 27, 2010, docket number 2387.

It is further ORDERED that Respondents are to appear before this Court on the above-specified date and show cause why they should not be held in further contempt of this Court's order dated April 15, 2010, docket number 2423.

It is further ORDERED that Jessica Sokol, Israel Grossman, Zalman Anderson, Jan Arnett, Albert Balakhane, Edmond Balakhane, Lawrence Clark, Brenda Crayk, Jacob and Miriam Dekelbaum, Azriel Horowitz, Charles Soltz, Daniel and M. Zucker are to appear before this Court in person.

It is further ORDERED that the corporate representative or trustee of Akberali Khakee Pension Plan, Anna Meisher Pension Plan, Feinberg Family Trust, Herzberg Family Trust, Hirshberg Family Trust, JG Trust, Listokin Trust, Lothian Cassidy, LLC, Moses Family Trust, MYG Trust, Pension Solutions, S. Pollak Audiological P.C. Profit Sharing Plan, Shorivger Trust, Shoshana Trust, Spitzer Family Trust, YG Trust, YS Trust, YYSD Trust, and 731 895 866 LLC are to appear before this Court in person.

FootNotes


1. Docket No. 2490.
2. Docket No. 2491.
3. Docket No. 2490 at 5-6; Docket No. 2491 at ¶ 52(c)-(d).
4. Docket No. 2490 at 4; Docket No. 2491 at ¶ 52(e).
5. See Docket Nos. 60, 63, 73, 75-77, 79, and 81 in Lothian Cassidy LLC v. Ransom, No. 10-CV-420-ENV (E.D.N.Y.).
6. See Docket Nos. 8, 10-11, 18, 25, 33, 38, 66-67, 71, 73, 90, 95, 102, 112, 120-22, 139-40, 145, 149, 172-73, 182, 185, 187, 189, 192, 202, 204, and 206 in Lothian Cassidy LLC v. Ransom, No. 10-2675 (2d. Cir.).
Source:  Leagle

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