Nxivm Corp. v. Bouchey

Full title: NXIVM CORPORATION, Petitioner, v. BARBARA BOUCHEY, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

Date published: Oct 24, 2011

Facts

Adversary proceedings have been commenced and remain pending in the United States Bankruptcy Court for the Western District of Washington involving NXIVM as a plaintiff and two debtors, Susan Faye Dones and Kimberly Woolhouse, as defendants. The respondent is not a party to those proceedings, and the substance of the claims and defenses in those matters is not directly relevant to the issues now before this court.

On June 8, 2011, United States Bankruptcy Judge Brian D. Lynch, before whom the adversary proceedings are pending, issued an order addressing NXIVM’s stated intention to subpoena certain non-parties, including Barbara Bouchey, for deposition. Swanson Aff. (Dkt. No. 1-2) ¶ 12 and Exh. E. In that order, inter alia, Judge Lynch granted NXIVM’s request for the issuance of such subpoenas, specifying the permissible topics to be addressed during each deposition and requiring each subpoenaed witness to produce any requested documents at least three days before their respective scheduled depositions. Id.

Issue

Decision

The petitioner has been granted a civil contempt order, requiring them to submit a quantification of the costs and attorney’s fees incurred by respondent Barbara Bouchey within fourteen days. The order also allows the respondent to submit an opposition within the same period. The clerk is instructed to forward copies of the order to the petitioner’s counsel electronically and to the respondent by regular mail.

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