This was even better:
ENTERED AND SERVED
JUL - 1 1999
CLERK, U.S. DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NEXTECH, INC., )
)
Plaintiff, )
) CV-S-98-1622-DWH (LRL)
V. )
) O R D E R
AMAZON NATURAL TREASURES, INC., )
et al., )
)
Defendants. )
This case comes before the court on plaintiff's Emergency Application for Contempt Sanctions, for Appointment of a Temporary Receiver, for Injunctive Relief, and for Attorney's Fees and Costs (#47). The court has considered the Emergency Application, the Declaration of Barbara Pino in Support thereof (#47A), defendants' Opposition (#50), the testimony, other evidence, and arguments of counsel presented at the hearing on May 24, 1999, and plaintiffs Affidavits of Attorney's Fees and Costs (#53 and #54). The court has also considered plaintiff's Supplement to Emergency Application for Contempt Sanctions, for Appointment of a Temporary Receiver, for Injunctive Relief, and for Attorney's Fees and Costs (#58), defendants' Response (#60), plaintiff's Reply (#62), defendants' Notice to Court (#72), and the arguments of counsel presented at the hearing on June 29, 1999. Based on the foregoing, the following order will be entered.
This dispute is the climax of plaintiffs efforts to secure defendant Michael A. Sylver's compliance with the January 14, 1999 order of the Honorable David W. Hagen, U.S. District Judge, directing the unrestricted transfer of 224,000 shares of Amazon stock to Nextech. At long last, but not before the court was required to conduct two separate contempt proceedings, Amazon and Michael Sylver complied with Judge Hagen's order on June 23, 1999, thereby purging themselves of contempt.
Two matters remain for consideration. First, Nextech seeks reimbursement for the fees and costs defendants' obstreperous conduct forced it to incur. Second, Nextech requests that the court refer this matter to the United States Attorney to consider filing perjury charges against Mr. Sylver and Jean Ricciardi.[1] As to the latter request, the court has serious reservations about the viability of a perjury prosecution, and therefore declines to make the referral. This is not to say, however, that the court is unmindful of the defendants' transparent attempts to mislead the court and to delay compliance with Judge Hagen's order. Defendants' obstructive conduct will weigh heavily in the court's determination of the extent to which defendants should be required to reimburse Nextech for the legal bills it incurred in connection with its efforts to bring about defendants' compliance. Accordingly, and with good cause appearing,
[1] Inasmuch as the relief now sought by Nextech is neither case dispositive nor a judgment of contempt, neither a report and recommendation under 28 U.S.C. õ 636(b)(1)(B) nor a certification under õ 636(e) is required.
IT IS ORDERED that Nextech's Emergency Application for Contempt Sanctions, for Appointment of a Temporary Receiver, for Injunctive Relief, and for Attorney's Fees and Costs (#47) is granted to the following extent: defendants shall, not later than July 16, 1999, pay to counsel for Nextech the sum of $40,000 as the attorney's fees and costs incurred in obtaining compliance with Judge Hagen's order.
DATED this 30th day of June, 1999.
LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE |
