United States District Court, W.D. Washington, Seattle
ON MOTIONS FOR SANCTION AND FOR BOND
J. Pechman United States District Judge.
above-entitled Court, having received and reviewed:
Plaintiff Campbell Investment Company's Motion for
Sanctions and for Bond (Dkt. No. 245), 2. Defendant's
Limited Response to Motion for Sanctions and for Bond (Dkt.
No. 247), 3. Plaintiff Campbell Investment Company's
Reply in Support of Motion for Sanctions and for Bond (Dkt.
No. 248), and all attachments, exhibits, declarations and
other relevant portions of the record, rules as follows:
ORDERED that Plaintiffs motion that Defendant Campbell Walker
be held in contempt is GRANTED; as a sanction for his
contempt, Defendant is hereby assessed a penalty of $1000 per
day until he responds to Plaintiffs post-judgment discovery
and appears for a post-judgment deposition/financial
FURTHER ORDERED that Plaintiffs motion for award of its fees
and costs incurred in enforcing its judgment is GRANTED;
Plaintiff shall submit its request for reasonable costs and
attorney fees within 14 days of the entry of this order.
FURTHER ORDERED that Plaintiffs motion to require Defendant
to post a bond on appeal is DENIED.
a bench trial, Defendant Campbell Walker was adjudged liable
for breaches of fiduciary duty. In January 2016, the Court
awarded Plaintiff Campbell Investment Company
("CIC") damages in the amount of $6, 271, 645.68;
in September 2016, the Court added $580, 776.94 in
attorneys' fees and taxable costs. (Dkt. Nos. 223, 228.)
On September 26, 2016, CIC served post-judgment
interrogatories and requests for production to Defendant and
noted his deposition as part of its effort to collect on the
judgment. (Dkt. No. 246, Declaration of Eaton, ¶ 2.)
Defendant failed to respond to the discovery requests or
appear at his deposition. (Id. at ¶ 4.)
response, CIC filed a Motion to Compel and/or for Sanctions
(Dkt. No. 233) and this Court granted the motion, ordering
Defendant to pay the reasonable costs and fees associated
with CIC's filing of the motion. (Dkt. No. 240.) CIC
re-noted Defendant's deposition; Defendant's counsel
confirmed that the Court's order and the notice of
deposition were transmitted to Defendant. (Decl. of Eaton,
Exs. A, B.) The day before the deposition was noted,
CIC's counsel received an email from Defendant himself
advising he would "not be able to attend the
deposition" (Id., Ex. C), confirming that he
had received the notice transmitted by his counsel.
37(d)(3) fees and costs
makes a number of requests in response to Defendant's
refusal to participate in the orderly and legitimate process
of finalizing the judgment of a federal court. Plaintiff has
moved this Court to order that Defendant pay its reasonable
attorneys' fees and costs in bringing this motion.
Fed.R.Civ.P. 37(d)(3) mandates the court to "require the
party failing to act... to pay the reasonable expenses,
including attorneys' fees, caused by the failure, unless
the failure was substantially justified." Lacking any
evidence of justification, the Court will order that
Defendant be assessed the reasonable fees and costs
associated with prosecuting this motion.
also requested that the Court hold Defendant in contempt for
his failure to accede to this Court's direction that he
participate in post-judgment discovery. The Court
... has the inherent power to hold a party in civil contempt
in order to enforce compliance with an order of the court or