Fremont Bank v. Signorelli
- Haywood Gilliam
- 4:18-cv-04808
- U.S. District Court · Northern District of California
- 2
In Fremont Bank v. Signorelli, Judge Gilliam held Signorelli in civil contempt and ordered an examination, document production, and monetary sanctions.
Defendant Robert J. Signorelli was found in civil contempt and subjected to compliance requirements and sanctions; Fremont Bank was awarded $4,155 in compensatory sanctions.
What happened
In Fremont Bank v. Signorelli, the court reviewed a report from Magistrate Judge Donna M. Ryu describing Signorelli’s history of not following court orders. The court adopted that report and held a hearing after ordering Signorelli to explain why he should not be held in civil contempt.
The court found clear and convincing evidence that Signorelli failed to comply with two court orders. It also found that he did not show that he was unable to comply or that he had taken all reasonable steps to comply.
Judge Gilliam held Signorelli in civil contempt. The order required him to appear for a judgment debtor examination, produce requested documents, and pay Fremont Bank $4,155 in compensatory sanctions. If he failed to appear and produce the documents, he would owe $50 per day until complying, and the court warned that further sanctions could follow.
The detailed version
- Fremont Bank v. Signorelli · No. 4:18-cv-04808
- Haywood Gilliam
- Aug. 29, 2022
Background
In June 2022, Magistrate Judge Donna M. Ryu issued a Report and Recommendation concerning civil contempt and sanctions. The report described Defendant Robert J. Signorelli’s history of noncompliance with court orders. The district court adopted the report in every respect, ordered Signorelli to show cause—meaning to explain—why he should not be held in civil contempt, and held the show-cause hearing on August 25, 2022.
Court’s findings
The court relied on the facts certified by Judge Ryu and the evidence presented at the hearing. It found by clear and convincing evidence that Signorelli failed to comply with two court orders. The court also found that Signorelli did not demonstrate why he was unable to comply and did not show that he had taken all reasonable steps within his power to comply.
Order and sanctions
The court found Signorelli in civil contempt and ordered him to appear at a judgment debtor examination on September 29, 2022, and to produce the requested documents. If he failed to appear and produce the documents on that date, he was ordered to pay a coercive sanction of $50 per day to the Clerk of the Court until he complied.
The court also ordered Signorelli to pay Fremont Bank $4,155 in compensatory sanctions. It warned that failure to comply could lead to further sanctions, potentially including criminal contempt sanctions.
Disposition
The court entered a contempt order against Signorelli and imposed the stated compliance requirements and sanctions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.