Case Activity (16)

1. Order | Filed: October 03, 2024 | Entered: October 04, 2024 In re Debtor Clark Warren Baker

   Bankruptcy Withdrawal | California Central

   Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings

   MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi:ORDER TO SHOW CAUSE AND NOTICE CHARGING CRIMINAL CONTEMPT. This matter comes before the Court following a report and recommendation from the United States Bankruptcy Court for the Central District of California. (R. & R., ECF No. 2.) The R. & R. recommends that this Court (1) withdraw the reference to the Bankruptcy Court pursuant to 28 U.S.C. § 157(d) for the limited purpose of considering criminal contempt against Debtor Clark Warren Baker and (2) find Mr. Baker guilty of criminal contempt and sentence him to be incarcerated for a period of one year or such other period as the Court may deem appropriate. The Court has reviewed the R. & R., as well as Mr. Baker's objections, (Objections, ECF No. 9), and has found probable cause to believe that Mr. Baker disobeyed or resisted lawful orders of the Bankruptcy Court. The Court charges Mr. Baker with violating the Bankruptcy Court's February 17, 2022, Default Judgment and Permanent Injunction. (Injunction, ECF No. 2-2.). ACCORDINGLY, IT IS SO ORDERED THAT: 1. The Clerk of Court is directed to open a new criminal case and to assign the case to the undersigned district judge. The new criminal case shall contain(1) a copy of this Order; (2) a copy of the Order Accepting Report andRecommendation to District Court for Withdrawal of Reference as toDetermination of Criminal Contempt; (3) a copy of the Bankruptcy CourtsReport and Recommendation for Withdrawal of Reference as toDetermination of Criminal Contempt; and (4) Mr. Baker' s Objections to theBankruptcy Courts Report and Recommendation for Withdrawal of Reference as to Determination of Criminal Contempt. 2. Pursuant to Federal Rule of Criminal Procedure 42(a)(2), the Court requests that the United States Attorney for the Central District of California, or his designee, prosecute this contempt of court charge. If, for any reason, the United States Attorney for the Central District of California declines this request, the Court will appoint another attorney to prosecute the contempt. (lc)

2. Order | Filed: October 03, 2024 In re Debtor Clark Warren Baker

   Bankruptcy Withdrawal | California Central

   Order

   MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER ACCEPTING REPORT ANDRECOMMENDATION TO DISTRICT COURT FOR WITHDRAWAL OF REFERENCE AS TO DETERMINATION OF CRIMINAL CONTEMPT 2 . Pursuant to Federal Rule of Bankruptcy Procedure 9033, the Court ha s reviewed the record in this matter, United States Bankruptcy Judge Sheri Bluebond's Report and Recommendation to District Court for Withdrawal of Reference as to Determination of Criminal Contempt (R. & R., ECF No. 2), and Debtor Clark Warren Baker's objections to the R. & R., (Objs., ECF No. 9). The Court overrules the objections, accepts the R. & R. 's findings of fact, and withdraws the reference pursuant to 28 U.S.C. § 157(d) for the limited purpose of considering crimi nal contempt as to Mr. Baker. While the Court declines to find Mr. Baker guilty of criminal contempt at this time, it will issue a separate order instituting criminal contempt proceedings against him. ACCORDINGLY, IT IS SO ORDERED THAT: 1. The R. & R . is accepted; 2. The reference is withdrawn pursuant to 28 U.S.C. § 157(d) for the limited purpose of considering criminal contempt proceedings against Mr. Baker; 3. Criminal contempt proceedings will be instituted against Mr. Baker; and 4. All other issues remain under the jurisdiction of the bankruptcy court. (Made JS-6. Case Terminated.) (lc)

3. 14 additional result(s)