Quintanilla Vasquez v. Libre by Nexus, Inc.
- Claudia Wilken
- 4:17-cv-00755
- U.S. District Court · Northern District of California
- 2
In Quintanilla Vasquez v. Libre by Nexus, Inc., Judge Wilken ordered three company principals to explain why they should not face civil contempt sanctions.
The order directly affected Micheal Donovan, Evan Ajin, and Richard Moore by requiring them to respond to the possible imposition of civil contempt sanctions. It also imposed document-delivery and reporting duties on counsel for Libre by Nexus, Inc.
What happened
In Quintanilla Vasquez v. Libre by Nexus, Inc., the plaintiffs asked the court to hold Libre by Nexus, Inc.’s principals Micheal Donovan, Evan Ajin, and Richard Moore in civil contempt. They supported the request with evidence that the three had notice of the relevant court orders and were legally connected to the company.
No opposition to the contempt motion was filed by the December 7, 2022 deadline. The court ordered Donovan, Ajin, and Moore to explain by December 27 why civil contempt sanctions should not be imposed. Any response had to include admissible evidence.
Judge Wilken also ordered Libre by Nexus’s counsel to give the three individuals a copy of the order within one business day and then file a declaration confirming that service. The order began the show-cause process; it did not impose contempt sanctions in this order.
The detailed version
- Quintanilla Vasquez v. Libre by Nexus, Inc. · No. 4:17-cv-00755
- Claudia Wilken
- Dec. 12, 2022
Background
On November 23, 2022, the plaintiffs moved for an order holding Libre by Nexus, Inc.’s principals—Micheal Donovan, Evan Ajin, and Richard Moore—in civil contempt. The plaintiffs submitted evidence indicating that the individuals had notice of the court orders allegedly at issue and were legally identified with Libre by Nexus. The opinion cites the rule that a nonparty may be held liable for civil contempt if the nonparty either helps the defendant violate a court order or is legally identified with the defendant, and has notice of the order.
Order to Show Cause
The deadline for opposing the plaintiffs’ motion was December 7, 2022. No opposition was filed. The court ordered Donovan, Ajin, and Moore to show cause no later than December 27, 2022, why civil contempt sanctions should not be imposed. The court required any response to be supported by admissible evidence.
Additional Directive and Disposition
The court ordered Libre by Nexus’s counsel to provide Donovan, Ajin, and Moore with a copy of the order within one business day after filing. Counsel also had to file a declaration attesting to that delivery within two days afterward. Judge Claudia Wilken’s order initiated the process for the three individuals to respond to the possible contempt sanctions; it did not state that they were in contempt or impose sanctions in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.