Opinion
Case No: 3:04CV059.
February 17, 2006
ORDER AND SUMMONS DIRECTED TO CERTAIN INSUREDS/VIATORS
This case is before the Court upon the Receiver's Motion to Show Cause Why Certain Insureds/Viators Should Not Be Held In Contempt (Doc. #367).
On September 14, 2005, the Court granted the Receiver's Motion to Compel finding, in part, as follows:
Because the requested information is necessary in order for the Receiver to perform his duties, the Receiver's motion to compel Insureds/Viators to provide medical information (Doc. #183) is well taken. Accordingly, all Insureds/Viators, except those noted herein, shall provide the following updated medical information:
1. HIPPA compliant medical authorizations;
2. Contact information for all physicians or other medical providers who have treated the Insured/Viator since December 31, 2002; and,
3. Any and all medical information generated since December 31, 2002 pertaining to the Insured's/Viator's health and medical condition.
(Doc. #294 at 2).
The Receiver provided copies of the September 14, 2005 Order on all Insureds/Viators and continued to inquire of the Viators regarding the information required by the September 14, 2005 Order. (Doc. #367 at 3-4).
In the Receiver's presently pending Motion to Show Cause and supporting Exhibits, the Receiver states that despite his continued efforts to obtain the information required by the September 14, 2005 Order, certain Insureds/Viators have not complied with the Court's September 14, 2005 Order. Because of this apparent failure by certain Insureds/Viators, and in light of the Court's exclusive jurisdiction over the assets and administration of the Receivership in this case, good cause exists to summons certain Insureds/Viators before this Court for the purpose of providing them with notice and an opportunity to show cause why they should not be held in contempt for failure to comply with the Order of September 14, 2005 and for interfering with the Receivership in the present case.
See Eller Indus., Inc. v. Indian Motorcyle Mfg., Inc., 929 F.Supp. 369, 370-72 (D. Colo. 1995).
IT IS THEREFORE ORDERED THAT:
1. The Receiver's Motion to Show Cause Why Certain Insureds/Viators Should Not Be Held In Contempt (Doc. #367) is GRANTED;
2. Each individual Insured/Viator listed in Exhibit E in support of the Receiver's Motion to Show Cause (Doc. #367), which has been sealed to protect the identities of those individuals (Doc. #370), shall either:
(a) immediately provide to the Receiver the information required by the Court's Order of September 14, 2005 Order (Doc. #294); OR
(b) appear at 1:30 P.M. on March 28, 2006 in Room 812, Federal Building and Courthouse, 200 West Second Street, Dayton, Ohio to show cause why he or she should not be held in contempt of the Court's September 14, 2005 Order (Doc. #294) and for interfering with the Receivership in this case; and
3. The Clerk of Courts is directed to serve a copy of this Order and a copy of the Order of September 24, 2005 (Doc. #294) by certified mail return receipt requested on the Insureds/Viators listed Exhibit E of the Receiver's Motion to Show Cause (Sealed Doc. #270).