Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In re: ANTHONY ORLANDO, Chapter 7, Debtor CAROL A. JACQUES, Plaintiff v. ANTHONY ORLANDO Defendant

ORDER TO SHOW CAUSE TO CAROL A. JACQUES, WHY SHE SHOULD NOT BE HELD IN CIVIL CONTEMPT

ARTHUR N. VOTOLATO, United States Bankruptcy Judge

In the above captioned adversary proceeding the Plaintiff, Carol A. Jacques is appearing pro se, after firing her attorney in July 2002. On August 23, 2002, after hearing on an Order to Show Cause, Jacques was enjoined from communicating telephonically with the Court from making ex parte threatening and abusive telephone calls, intended to intimidate and coerce Bankruptcy Court personnel to take inappropriate action regarding her issues with the Court. See Docket No. 26. Underestimating Jacques completely, however, I unwittingly left loopholes through which she continued her communications rampage via e-mail, etc., without technically violating the August 23 ban against telephone calls.

Over time, however, apparently unable to contain herself, Jacques did revert to making telephone calls, as well.

WHAT BRINGS US HERE

On December 11, 2002, after a hearing on the merits, a final order was entered in the above captioned adversary proceeding, which provided that a debt owed by Orlando to Jacques was nondischargeable in the amount of $4,000. See Docket No. 27. Jacques was very dissatisfied with this Court's ruling as to the amount of the debt, but instead of appealing the December 11th order, she embarked on a campaign of contacting various Court personnel with harassing and threatening messages, trying to alter the Court's ruling as to the amount of the debt. To stop this improper and disruptive activity, on December 19, 2002, after hearing, I issued a second order enjoining Jacques "from communicating with the Court and/or the Clerk's Office by any means including but not limited to telephone, facsimile, e-mail or other electronic means, or by letter until further order." See Docket No. 29. The Order also provided that:

any future contact with the Court must be submitted in writing, in accordance with the Federal Rules of Bankruptcy Procedure and this Court's Local Rules. Communications which do not comply with this mandate will not be docketed. Violation of this Order will subject Jacques to the imposition of sanctions for contempt.
Id.

Since the entry of said order, Jacques has persisted in her offensive conduct by sending to the Court at least fourteen e-mails, initiating over twenty phone calls, and sending at least three lengthy facsimiles — all intended to intimidate, harass and degrade Bankruptcy Court personnel. All of Jacques' aforesaid contacts with the Court are part of the record herein.

Accordingly, Carol A. Jacques is hereby ORDERED TO RESPOND IN WRITING to this ORDER TO SHOW CAUSE ON OR BEFORE March 28, 2003, AND THEN TO APPEAR AND TO SHOW CAUSE on Thursday, April 3, 2003, at 10:00 a.m., at the United States Bankruptcy Court, District of Rhode Island, 380 Westminster Mall, 6th Floor, Providence, Rhode Island, why she should not be adjudged in civil contempt for the above described offensive conduct, and for violating the Orders of August 23, 2002 (Docket No. 26) and December 19, 2002 (Docket No. 29).

Use AI to get other relevant cases.

Comments

IN RE ORLANDO
(Mar 20, 2003)