Opinion
2:08-CV-00346-PMP
03-11-2013
In re: NATIONAL LABOR RELATIONS BOARD, In re: ADVANCED ARCHITECTURAL METALS, INC., et al., In re: STEEL SPECIALITIES UNLIMITED, INC.
ORDER
Before the Court for consideration is the National Labor Relations Board's Motion for Order Directing United States Marshals Service to Dispose of Contents of Safe Deposit Boxes, and to Remit the Proceeds to the Board (Doc. #79). Essentially, two forms of relief are sought by the instant motion. First, NLRB seeks the release of $23,931.53 presently held in escrow for distribution consistent with the NLRB's practice and procedures. This portion of the relief requested by NRLB's motion has already been granted by the Court's Order (Doc. #87) entered July 31, 2012.
Remaining before the Court is the additional relief requested by NLRB that the contents of three safe deposit boxes Nos. 900030309, 900030310, and 900030311, previously seized by the United States Marshals Service pursuant to Order of this Court (Doc. #74), be sold under the supervision of the United States Marshals Service with the proceeds up to $1,700,000.00 to be remitted to the National Labor Relations Board.
On July 16, 2012, Lori Irish, individually, filed an Objection to Proposed Order and Request for Extension of Time to Prove Ownership of Articles in Safe Deposit Boxes (Doc. #82). Ms. Irish is the former owner of Advanced Architectural Metals, Inc., Advanced Metals, Inc., and Steel Specialties Unlimited, Inc., and at the time of her motion was serving the remainder of a criminal prison sentence but was soon to be released from custody. As a result on July 31, 2012, the Court entered an Order (Doc. #84) granting Ms. Irish until October 15, 2012 within which to respond to NRLB's Motion to Dispose of Contents of Safe Deposit Boxes and to Remit Proceeds to the Board (#79)
On October 15, 2012, Lori Irish filed a document titled Motion to Declare Colby Trust as Owner of Items in Safety Deposit Boxes (Doc. #92). Essentially, Ms. Irish's Motion states that as she and her various companies maintained five separate bank accounts as Community Bank of Nevada, she was provided free safe deposit boxes into which she placed property belonging to her minor son and held in trust on his behalf and that they were placed in the safe deposit boxes in 2000 and 2006. As a result, Lori Irish objects to the sale and remission of proceeds to the National Labor Relations Board.
On December 3, 2012, this Court entered an Order (Doc. #95) directing that National Labor Relations Board and Lori Irish contact the office of the Untied States Marshal and obtain and inventory report of the items contained in each of the three safe deposit boxes and to file the same with the Court. On February 6, 2013, the National Labor Relations Board filed the Notice of Filing Safekeeping Inventory (Doc. #104) consisting of 211 pages and which enumerates the entire contents of the three safe deposit boxes in question.
In the interim, on December 12, 2012, National Labor Relations Board filed a Motion for an Order Adjudicating Lori Irish in Civil Contempt (Doc. #96). NLRB's Motion for Civil Contempt is predicated upon the failure of Interested Party Lori Irish to respond to discovery requests designed to enable the NLRB to determine the veracity of her claims as an Interested Party, that property contained within the three safe deposit boxes is in fact property held in trust for her son, Colby Irish.
On December 19, 2012, Interested Party Lori Irish filed a Motion to Hold National Labor Relations Board in Civil Contempt (Doc. #99), indicating that although she is "happy to provide any documentation about the safe deposit boxes" because her contact with representatives with NLRB is limited by criminal court order, she has been unable to do so.
With this Order, the Court will attempt to resolve the foregoing Motions, and provide direction to the Parties as to how they must proceed to resolve all issues pertaining to the contents of the three safe deposit boxes in question.
First, IT IS ORDERED that Interested Party Lori Irish's Motion to Hold National Labor Relations Board in Civil Contempt (Doc. #99) is DENIED.
Second, Interested Party Lori Irish's Motion to Declare Colby Trust as Owner of Items in Safe Deposit Boxes (Doc. #92) is DENIED.
Third, National Labor Relations Board's Motion for Order Directing U. S. Marshals Service to Dispose of Contents of Safe Deposit Boxes and to Remit the Proceeds to the Board (Doc. #79) is GRANTED to the following extent and in accord with the following process:
1. Within thirty (30) days of the date of this Order, Interested Party Lori Irish shall fully comply with Rule 45 of the Federal Rules of Civil Procedure and shall produce all documents in her possession, custody, and or control requested by the NLRB's Subpoena dated October 23, 2012 and attached hereto as Exhibit A.
2. Interested Party Lori Irish shall appear for deposition at the Office of the United States Attorney for the District of Nevada located at 333 Las Vegas
Boulevard South, Suite 5000, Las Vegas, Nevada 89101, on the date and time to be set by the NLRB which deposition shall take place within sixty (60) days of the date of this Order and which further shall provide Interested Party Lori Irish seven (7) days written notice.
3. This Order overrides any other order by any Court which would bar Interested Party Lori Irish from having personal contact with representative of NLRB in so far as necessary to allow Interested Party Lori Irish to comply with the requirements ordered above.
Following completion of the limited discovery provided above, National Labor Relations Board shall have to and including June 10, 2013 within which to renew its Motion for Order Directing U.S. Marshals Service to Dispose of Contents of Safe Deposit Boxes and to Remit Proceeds to the Board.
IT IS FURTHER ORDERED that pending compliance with this Order by Interested Party Lori Irish, NLRB's Motion for Order Adjudicating Lori Irish in Civil Contempt (Doc. #96) is DENIED without prejudice.
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PHILIP M. PRO
United States District Judge