United States District Court, D. Nevada
J. KOPPE, UNITED STATES MAGISTRATE JUDGE.
States District Judge Jennifer A. Dorsey ordered that a
mandatory settlement conference be held in this case. Docket
No. 60. Attorney Luis Ayon represents two individually-named
Defendants (Tom Dadon and Daniela Dadon) and several
corporate defendants (Flamingo 316, Dadon Condos, and
Meridian Resorts LLC 220 E Flamingo Unit 316 Series). The
individually-named Defendants did not appear at the
settlement conference despite a clear order that they must do
so absent the filing and granting of a request for exception.
Moreover, when the Court ordered at the settlement conference
that Tom Dadon and Daniela Dadon appear within 20 minutes,
Mr. Ayon represented to the Court that they were in Israel.
Given these and other problematic circumstances, the Court
issued an order to show cause identifying specific details
that Mr. Ayon, Tom Dadon, and Daniela Dadon were required to
submit in declaration form. Docket No. 70. The responses to
date have been incomplete and evasive. For example, the Court
required a declaration from Tom Dadon identifying “his
location at 9:00 a.m. (Pacific daylight time) on May 9, 2019,
” id. at 2, but he instead submitted a
declaration attesting to what he was doing at that time,
Docket No. 72 at 2. That was not the information
ordered. Even worse, no declaration has been filed
from Daniela Dadon.
Court will provide one final opportunity for Mr. Ayon, Tom
Dadon, and Daniela Dadon to provide information as ordered.
If they choose to again evade the Court's
inquiry, the Court will begin contempt proceedings and/or
impose sanctions beyond those currently being
contemplated. The Court hereby
ORDERS Mr. Ayon, Tom Dadon, and Daniela
Dadon to file declarations by May 29, 2019, as follows:
• A declaration from Mr. Ayon made in compliance with 28
U.S.C. § 1746 attesting to: (1) the specific basis for
his representation in the settlement statement (signed on May
6, 2019) that the settlement conference would be attended by
Shaul Dadon, Tom Dadon, Daniela Dadon, and Itay Dadon; (2) as
of the hearing held on May 7, 2019, Mr. Ayon's belief and
understanding as to exactly who would be attending the
settlement conference; (3) the specific basis of that
understanding; (4) as of the settlement conference at 9:00
a.m. (Pacific daylight time) on May 9, 2019, Mr. Ayon's
belief and understanding as to the location of Tom Dadon and
Daniela Dadon at that specific date and time; (5) the
specific basis for that understanding; (6) the specific basis
for Mr. Ayon's representation to the Court at the
settlement conference that Tom Dadon and Daniela Dadon were
at that moment located in Israel; and (7) the steps Mr. Ayon
took (if any) to ensure compliance with the Court's
settlement conference attendance requirements after he was
admonished for similar conduct on November 13, 2018,
see Bank of N.Y. Mellon v. Painted Desert
Community Assoc., No. 2:17-cv-01466-JCM-NJK, Docket No.
64 (D. Nev. Nov. 13, 2018).
• A declaration from Tom Dadon made in compliance with
28 U.S.C. § 1746 attesting to his location at 9:00 a.m.
(Pacific daylight time) on May 9, 2019. If Mr. Dadon attests
to being out of town or out of the country, the declaration
must also attach a true and accurate copy of the travel
• A declaration from Daniela Dadon made in compliance
with 28 U.S.C. § 1746 attesting to: (1) her location at
9:00 a.m. (Pacific daylight time) on May 9, 2019; and (2) the
date on which she was first aware of the settlement
conference set in this case. If Ms. Dadon attests to being
out of town or out of the country, the declaration must also
attach a true and accurate copy of the travel documentation.
the declaration from Shaul Dadon references an attachment of
travel documents, but it does not actually attach them.
See Docket No. 73. The declaration is also not sworn
under penalty of perjury as required by 28 U.S.C. §
1746. The declaration also does not actually attest as to
Shaul Dadon's location as of 9:00 a.m. (Pacific daylight
time) on May 9, 2019. To the extent consideration of this
declaration is sought, a proper declaration from Shaul Dadon
correcting these shortcomings must be filed by May 29, 2019.
 Of course, declarations filed in
federal court must comply with 28 U.S.C. § 1746. Mr.
Ayon's own declaration included a provision that it was
being submitted “under penalty of perjury under the
laws of the United States of America that the foregoing is
true and correct to the best of my knowledge, information and
belief.” Docket No. 71 at 6. Conspicuously absent from
Tom Dadon's declaration is any similar language.
See Docket No. 72.
 It appears Mr. Ayon did not believe he
was required to comply with that aspect of the order based on
his ridiculous assertion that Ms. Dadon does not have
settlement authority. See Docket No. 71 at 5. As a
threshold matter, that is directly contrary to Mr.
Ayon's representation to the Court in the settlement
statement indicating that “Daniela Dadon” has
“full settlement authority.” Moreover, Mr. Ayon
provides no explanation how ...