Case Information
*1 NOTE: CHANGES MADE BY THE COURT
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION SECURITIES AND EXCHANGE Case No. SACV06-172AHS(MLGx) COMMISSION,
Complaint Filed: February 16, 2006 Plaintiff, ORDER FINDING DEFENDANT v. LAMBERT VANDER TUIG IN CONTEMPT OF THE SEPTEMBER 20, 2007 CONTEMPT ORDER AND AWARDING ATTORNEYS’ FEES IN THE AMOUNT OF $13,332.00 LAMBERT VANDER TUIG (a/k/a/ LAMBERT VANDER TAG a/k/a DEAN I. VANDER TAG), THE CAROLINA DEVELOPMENT COMPANY, INC. (a/k/a THE CAROLINA COMPANY AT PINEHURST, INC.), AND JONATHAN CARMAN, Defendants. *2 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:
The Order to Show Cause re Defendant Lambert Vander Tuig's ("Vander Tuig") Contempt of the September 20, 2007 Contempt Order came on for hearing on Monday, March 3, 2008 in Courtroom 10A of the above-entitled Court, the Honorable Alicemarie H. Stotler, judge presiding. The Receiver appeared by and through its counsel Norma V. Garcia of the law firm Sheppard, Mullin, Richter & Hampton LLP . The defendant Lambert Vander Tuig personally appeared along with counsel Steven Goldsobel of the Law Office of Steven Goldsobel.
The Court having read and considered the facts, all the evidence set forth in the papers submitted, and the inferences reasonably deductible therefrom, and having heard oral argument, finds as follows:
IT IS ORDERED, ADJUDGED, AND DECREED THAT:
Vander Tuig is in violation of the September 20, 2007 Contempt Order: 1) The September 20, 2007 Contempt Order entered against Vander
Tuig stands for his failure to turnover $573,000, plus interest in the amount of $61,648.29 to the Receiver for benefit of the estate. Vander Tuig has failed to comply with same.
2) Vander Tuig failed to make a showing that he has the present inability to comply with the September 20, 2007 Contempt Order or that he made his best efforts to comply with the September 20, 2007 Contempt Order.
3) Vander Tuig is hereby sanctioned in the amount of $500,000 for his failure to comply with the September 20, 2007 Contempt Order. Vander Tuig shall pay forthwith to the United States Central District Court the total amount of $500,000, plus post-judgment interest as of entry of this order, pursuant to 28 U.S.C. *3 section 1961.
4) Vander Tuig is further ordered to forthwith pay to the Receiver for benefit of the estate, as previously ordered, the outstanding $573,000, plus interest pursuant to 28 U.S.C. section 1961.
5) Vander Tuig is further ordered to pay forthwith attorney fees to the Receiver, as previously granted, in the amount of $1875, plus interest pursuant to 28 U.S.C. section 1961.
6) Vander Tuig is further ordered to pay forthwith additional attorneys' fees to the Receiver for preparation for and appearance at the Order to Show Cause re Contempt hearing in the amount of $13,332.00, plus interest, pursuant to 28 U.S.C. section 1961. Dated: April 11, 2008
ALICEMARIE H. STOTLER _______________________________________ CHIEF U.S. DISTRICT COURT JUDGE Respectfully submitted by, DATED: March 27, 2008 SHEPPARD MULLIN RICHTER & HAMPTON LLP By //S// NORMA V. GARCIA
NORMA V. GARCIA
Attorneys for the Receiver
THOMAS A. SEAMAN
NOTICE PARTY SERVICE LIST
*4 Case No. Case Title Title of Document
Atty Sttlmnt Officer Panel Coordinator Statistics Clerk BAP (Bankruptcy Appellate Panel)
US Attorneys Office - Civil Division -L.A. Beck, Michael J (Clerk, MDL Panel) US Attorneys Office - Civil Division - S.A. BOP (Bureau of Prisons) US Attorneys Office - Criminal Division -L.A. CA St Pub Defender (Calif. State PD) US Attorneys Office - Criminal Division -S.A. CAAG (California Attorney General’s Office - US Bankruptcy Court Keith H. Borjon, L.A. Death Penalty Coordinator) US Marshal Service - Los Angeles (USMLA) Case Asgmt Admin (Case Assignment Administrator) US Marshal Service - Riverside (USMED) Catterson, Cathy (9 th Circuit Court of Appeal)
US Marshal Service -Santa Ana (USMSA) Chief Deputy Admin US Probation Office (USPO) Chief Deputy Ops US Trustee’s Office Clerk of Court Warden, San Quentin State Prison, CA Death Penalty H/C (Law Clerks) ADD NEW NOTICE PARTY Dep In Chg E Div
(if sending by fax, mailing address must also be provided) Dep In Chg So Div Name: Federal Public Defender Firm: Fiscal Section
Address ( include suite or floor) : Intake Section, Criminal LA Intake Section, Criminal SA Intake Supervisor, Civil
*E-mail: Interpreter Section *Fax No.: PIA Clerk - Los Angeles (PIALA) * For CIVIL cases only JUDGE / MAGISTRATE JUDGE (list below): PIA Clerk - Riverside (PIAED) PIA Clerk - Santa Ana (PIASA) PSA - Los Angeles (PSALA) PSA - Riverside (PSAED) PSA - Santa Ana (PSASA) Schnack, Randall (CJA Supervising Attorney)
Initials of Deputy Clerk
G-75 (01/06)
NOTICE PARTY SERVICE LIST