NexTech v. Amazon et al CV-S-98-01622-DWH (LRL)
ORDER
Entered and Served April 22, 1999
Before the court is plaintiff's motion (#27) for contempt sanctions for failure to obey the court's earlier order (#26) granting plaintiff a permanent injunction requiring defendant Amazon as issuer and, to the extent necessary, any person acting in concert with Amazon to register the transfer of the security in question to plaintiff pursuant to NRS 104.8401, for appointment of a temporary receiver, and for attorney's fees and costs. Defendant has opposed (#37). Plaintiff has replied (#32A, 38). Also before the court is defendant's motion (#31) to vacate the court's earlier order (#26) of January 14, 1999. Plaintiff has opposed (#32A). Defendant has not replied. Oral argument was heard and the matter has been submitted for decision.
Defendant's motion (#31) to vacate will be taken as a motion for reconsideration.
Reconsideration may be appropriate if the court has been presented with newly discovered evidence, or has committed clear error, or the decision to be reconsidered was manifestly unjust, or there has been an intervening change in controlling law. See School Dist. No IJ, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). "There may also be other, highly unusual, circumstances warranting reconsideration." Id. After study of the motion for reconsideration and consideration of oral argument, however, the court concludes that no showing has been made requiring reconsideration of the court's order. The motion (#31) to vacate was no more than a mere repetition of the argument heard and decided (#26) at the earlier injunction hearing. It is denied.
Because of the foregoing, defendant Amazon's refusal to comply with the court's earlier order (#26) constitutes contempt of court.
Good cause appearing, the court orders as follows:
IT IS ORDERED that defendant Amazon Natural Treasures has 11 days from the date of this order to register the transfer of the 224,000 shares of Amazon stock to Nextech pursuant to this court's order (#26) dated January 14, 1999.
IT IS ORDERED that defendant Amazon Natural Treasures as a sanction for its contempt will pay all attorney's fees and costs incurred by plaintiff Nextech in this case and any NRS 1094.8401(2) losses plaintiff shall have suffered in the premises.
IT IS ORDERED that if defendant Amazon Natural Treasures does not comply with this court's order within the time set forth above, then the court appoints Jack Fiddleman as a temporary receiver of defendant Amazon limited to the following:
Mr. Fiddleman will take possession of defendant Amazon's stock book and accomplish the registration and transfer of the 224,000 shares of Amazon stock to plaintiff Nextech, following which he will return the stock book to defendant Amazon.
IT IS ORDERED that plaintiff Nextech shall determine and report to this court, its NRS 104.8401(2) losses, if any, for the unreasonable delay by defendant Amazon in registering the transfer.
In summary, IT IS ORDERED that plaintiff's motions (#27) for contempt sanctions, for appointment of a temporary receiver, and for attorney's fees and costs is GRANTED and defendant's motion to vacate (#31) is DENIED.
DATED this 16th day of April, 1999.
(David W. Hagen)
/s/
UNITED STATES DISTRICT JUDGE
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- Jeff
P.S. This was transcribed from paper. Not responsible for typos.
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