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Seiko Epson Corp. v. InkSystem LLC

United States District Court, D. Nevada

October 27, 2017

Seiko Epson Corporation and Epson America, Inc., Plaintiffs,
v.
InkSystem LLC, et al., Defendants,

          Annie S. Wang Nevada Bar No. 10792/CA SAN 243027 J. Andrew Coombs, Of Counsel CA SBN 123881 (Admitted Pro Hac Vice) Wang Law Corporation James D. Boyle Nevada Bar No. 08384 Holley Driggs Walch Fine Wray Puzey & Thompson Attorneys for Plaintiffs Seiko Epson Corporation and Epson America, Inc.

          ORDER RE CONTEMPT AS TO ARTEM KOSHKALDA AND VLADIMIR WESTBROOK

         WHEREAS Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively "Plaintiffs") filed their Emergency Ex Parte Application for Order to Show Cause Re Contempt as to Artem Koshkalda ("Koshkalda") and Vladimir Slobodianiuk a/k/a Volodymyr Slobodianiuk a/k/a Vladimir Westbrook ("Westbrook") (collectively "Defendants") ("Application") (ECF No. 155);

         WHEREAS on September 1, 2017, Defendants ART LLC (through Koshkalda) and Koshkalda individually filed a Motion re Items Seized from 960 Matley Lane, (ECF No. 177), which Plaintiffs opposed (ECF No. 199) and to which no Reply was filed;

         WHEREAS on October 10, 2017, the Court issued an Order granting Koshkalda's motion for additional time to respond to Plaintiffs' Application and also in that Order set a hearing on the Application, requiring both Koshkalda and Westbrook's personal appearance before this Court on October 23, 2017, at 11:00 am, among other things (ECF No. 222);

         WHEREAS Defendant Westbrook did not file any response to the OSC, despite service of the Court's Order (ECF No. 222), and Notice of the Hearing Location (ECF No, 227), by mail service and courtesy copies sent via email to email addresses published by Westbrook in connection with his business as set forth on the record (ECF Nos. 234-235, 248);

         WHEREAS Defendant Koshkalda filed an untimely response to the Court's Order on October 18, 2017 (ECF No, 228), after receiving notice of the Court's Order (ECF No, 222) via email service and Notice of the Hearing Location (ECF No, 227), via the Court's ECF system in addition to receiving a courtesy copy via email (ECF Nos., 234-235);

         WHEREAS Koshkalda and Westbrook failed to appear for the Court ordered hearing on the Application on October 23, 2017 at 11:00 am (ECF No. 222);

         AND GOOD CAUSE HAVING BEEN SHOWN, the Court hereby GRANTS Plaintiffs' Application and IT IS ORDERED, ADJUDGED AND DECREED THAT:

1) Defendants Koshkalda and Westbrook are found to be in Civil Contempt of Court and bench warrants for arrest will issue for Defendants Koshkalda and Westbrook's failure to appear in response to the Court's Order where they were ordered to answer for their violations of the Preliminary Injunction (ECF No. 159);
2) Within 24 hours of the service of this Order, Defendants Koshkalda and Westbrook shall provide Plaintiffs' counsel with their current residential addresses and shall file a notice with the Court identifying a time and place where, upon 24 hours' notice from Plaintiffs, they will appear during normal business hours for personal service of Court Orders, warrants and Plaintiffs' discovery requests;
3) Koshkalda's third-party service providers and others acting in concert with him, and any financial or brokerage institution, business entity, and person served with a copy of this Order that holds, controls, or maintains custody of any account or asset of Koshkalda or one of his companies, or that has held, controlled, or maintained custody of any such account or asset at any time since the date of service of the TRO (ECF No. 106), Order for Asset Seizure and Impoundment (ECF No. 159), or this Order, shall transfer all funds held in any account owned or controlled by, or in the actual or constructive possession of or otherwise held for the benefit of, any corporation, partnership, or other entity directly or indirectly owned, managed, or controlled by Koshkalda or one of his companies (including but not limited to Sancase LLC, Vilacet LLC, and Renoca LLC), and including but not limited to those accounts identified in Exhibit A, to an account identified by Plaintiffs;
4) Plaintiffs are given leave to immediately attach and execute upon any assets owned or controlled by, or in the actual or constructive possession of or otherwise held for the benefit of, any corporation, partnership, or other entity directly or indirectly owned, managed, or controlled by Defendant Koshkalda or one of his companies (including but not limited to Sancase LLC, Vilacet LLC, and Renoca LLC) including but not limited to those assets identified in Exhibit A and B. Plaintiffs have leave to submit proposed writs or other orders as may be necessary to attach and/or execute upon any assets pursuant to this Order;
5) The $3, 000 monthly allowance provided for in the Order for Asset Freeze and Impoundment (ECF No. 159) is hereby stricken and amended as reflected in the attached Amended Order for Asset Seizure ...

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