SAMPSON & ASSOCIATES
San Diego, California 92101
Attorneys for Creditor/Plaintiff
LEGION FOR THE SURVIVAL OF FREEDOM, INC.
WILLIS A. CARTO and ELISABETH CARTO
LEGION FOR THE SURVIVAL OF FREEDOM, INC., a Texas Corporation,
WILLIS CARTO and ELISABETH CARTO
BANKRUPTCY CASE NO. :ND 98-08050 H7
ADV. PROCEEDING NO: 98-90374-H7
TIME: 11:00 a.m.
JUDGE: Hon. John J. Hargrove
Plaintiff LEGION FOR THE SURVIVAL OF FREEDOM’s continued motion for issue sanctions came before this Court on the above date and time in Courtroom 3 of the United States Bankruptcy Court for the Southern District of California, the Honorable John J. Hargrove presiding. Plaintiff LEGION FOR THE SURVIVAL OF FREEDOM appeared through its Counsel, Bryan D. Sampson. Defendants WILLIS CARTO and ELISABETH CARTO appeared through their Specially Appearing Counsel, William Warden. There were no other appearances.
Upon reviewing the pleadings filed by the parties, hearing oral arguments, and the Court having found that Defendants were properly served with an order requiring Defendants to complete and serve responses to discovery by no later than July 31, 1999, that Defendants have failed to comply with the court order without cause, and based upon the foregoing, and good cause appearing therefore:
IT IS HEREBY ORDERED that Plaintiff’s Motion for Issue Sanctions against Defendants is granted.
IT IS HEREBY FURTHER ORDERED that Defendants WILLIS CARTO and ELISABETH Carto’s answer to Plaintiff LEGION FOR THE SURVIVAL OF FREEDOM’s complaint is hereby stricken and their defaults are hereby entered.
IT IS HEREBY FURTHER ORDERED that Defendants WILLIS CARTO and ELISABETH CARTO shall pay monetary sanctions to Plaintiff in the amount of $750.00 for their failure to abide by this Court’s previous discovery order.
IT IS SO ORDERED.
Judge, United States Bankruptcy Court
NOTICE: Signature by the attorney constitutes a certification under Federal rule of Bankruptcy Procedure 9011 that the relief provided by the Order is the relief granted by the court.
Submitted by: [signed]
Bryan D. Sampson, Esq.