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Keywords

attorneyhearingmotionwillcompliance
attorneymotionwill

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Global Naps, Inc. v. Verizon New England, Inc., Not Reported in F.Supp.2d, 2013 WL 3833915

Facts

Receiver Carl F. Jenkins filed a motion seeking to compel Frank T. Gangi to show cause why he should not be held in violation of the court's Amended Order. The court's Amended Order outlined specific commands that Gangi was allegedly disregarding. The motion was served electronically to Gangi's attorneys, and the court set a date for a hearing to address the matter.

that Frank T. Gangi show cause before this court on August 21, 2013, at 2:00 p.m. in Courtroom 12, 5th floor of the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Boston, MA 02210, or as soon thereafter as counsel can be heard,

Issue

Did Frank T. Gangi willfully and knowingly disregard the court's Amended Order?

why an order should not issue, and findings of fact and rulings of law entered, in this action that Frank T. Gangi willfully and knowingly disregarded, disobeyed, and violated this court's clear and unambiguous orders and commands contained in the Amended Order as prayed for in the Receiver's Motion;

Rule

The court must determine whether Gangi's actions constituted a violation of its clear and unambiguous orders as outlined in the Amended Order.

that the Receiver's Motion and papers submitted in support of the Motion having been served electronically through the ECF system on Frank T. Gangi's attorneys being sufficient service of said Motion,

Analysis

The court will evaluate the evidence presented by the Receiver regarding Gangi's compliance with the Amended Order. If it is found that Gangi did not adhere to the court's commands, the court may impose sanctions or other remedies as deemed appropriate.

that opposing papers, if any, shall be served by email, facsimile, or first-class mail upon the Receiver's counsel and to other interested parties through the ECF system on or before August 9, 2013.

Conclusion

The court has ordered Gangi to show cause at a scheduled hearing regarding the alleged violations of the Amended Order.

it is hereby ORDERED:

Who won?

The Receiver, Carl F. Jenkins, prevailed in the sense that the court has allowed the motion to proceed and set a hearing date for Gangi to respond to the allegations.

sufficient reason appearing therefore, it is hereby ORDERED:

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