United States District Court, D. Alaska
RAYMOND C. GIVENS, Plaintiff,
WALLACE OENGA, Defendant.
ORDER TO SHOW CAUSE
RUSSEL HOLLAND UNITED STATES DISTRICT JUDGE
Lynnette Tubbs, Fiduciary Trust Officer Office of the Special
Trustee for American Indians, Alaska Region U.S. Department
of the Interior 3601 C Street, Room 216 Anchorage, AK 99503
Joshua Kindred, Attorney-Advisor Office of the Solicitor,
Alaska Region U.S. Department of the Interior 420 University
Drive, Suite 300 Anchorage, AK 99508
Bryan Schroder, United States Attorney District of Alaska -
Anchorage Office 222 West 7th Avenue, Room 253 Anchorage, AK
default judgment entered June 10, 2019,  the court entered
a declaratory judgment, a judgment for damages in the amount
of $136, 116.91, and an order for specific performance of an
attorney fee contract between plaintiff and defendant.
award of specific performance required that defendant sign a
Form OST 01-004 directing OST to pay to plaintiff, out of the
rent for calendar year 2020 (to be paid by BP by October
2019) the total amount of the judgment against defendant plus
accrued interest. The defendant was required to submit the
foregoing form to the OST. The judgment for specific
performance further required that defendant sign a second
Form OST 01-004 requiring payment to plaintiff from rents
received from BP by the OST for calendar years 2021 through
the end of the current lease between defendant and BP. The
Form OST 01-004 was to be submitted by defendant to OST.
failed to execute the Form OST 01-004 forms as required by
the court's default judgment.
order enforcing judgment dated July 9, 2019,  and pursuant to
Rule 70(a), Federal Rules of Civil Procedure, the clerk of
court was directed to sign the two Forms OST 01-004,
directing the OST of the U.S. Department of the Interior to
pay plaintiff in accordance with the court's default
judgment. The forms were executed by the clerk of court and
delivered to counsel for plaintiff, who in turn delivered the
forms to the OST.
now moves to enforce the court's default judgment and its
order enforcing judgment. The motion was served by hand delivery
upon: the OST; the regional solicitor, Alaska, for the U.S.
Department of the Interior; and the United States Attorney
for the District of Alaska. In support of this motion,
plaintiff avers that BP has made the 2020 rent payment and
that, as of December 6, 2019, he has not received payment
from defendant or the OST.
The court has received no response from or on behalf of the
69(a)(1), Federal Rules of Civil Procedure, provides in
pertinent part that proceedings supplementary to the
enforcement of money judgments “must accord with the
procedure of the state where the court is located[.]”
Rule 90(b), Alaska Rules of Civil Procedure, provides in
pertinent part that:
on ex parte motion supported by affidavits, the court shall
either order the accused party to show cause at some
reasonable time, to be therein specified, why the accused
party should not be punished for the alleged contempt[.]
Alaska Rule further provides that contempt proceedings:
may be commenced and prosecuted in the same action ... by the
aggrieved party whose right or remedy in an action has been
defeated or prejudiced or who has suffered a loss or ...