/>iTCPAWorld is full of dangers.
Sometimes its being sued in a class action lawsuit.
And sometimes its failing to respond to a subpoena and having a magistrate judge want to throw you in jail as a result.
If you know this guy Vajira Samararatne you might want to tell him about this article.
so here’s what happened.
Sunpath got sued in Delaware. As a result the Plaintiff served a subpoena on Vajira Samararatne–who lives in Orange County, apparently. Apparently Vajira was involved in sending the allegedly unwanted robocalls Sunpath is being sued for.
So Vajira originally retains a lawyer who represents him in a hearing regarding the scope of the subpoena. But Vajira loses and is ordered to produce documents in July.
But he doesn’t do it.
Instead he just stops showing up in court.
Not smart.
In Morales v. Samararatne, 2024 WL 4858581 (C.D. Cal. Nov. 21, 2024) the court issued a ruling compelling Vajira to explain why he should not be held in contempt of court–and it is not looking good.
As the court put it– the proper remedy here is to put Vajira in jail until he complies with the subpoena.
Eesh.
In the end the Court makes the following rulings:
- Vajira Samararatne shall appear before the Honorable Fred W. Slaughter on February 27, 2025, at 10:00 a.m., to show cause why he should not be adjudged in contempt.
- The United States Marshals Service is directed to personally serve a signed copy of this Order on Vajira Samararatne as soon as practicable at 26 Blue Grass, Irvine CA 92603, or any other address where he may be located.
- Samararatne shall have thirty (30) days from the date of service of this Order to fully comply with the Court’s July 8, 2024 order or show by clear and convincing evidence why compliance is impossible.
- Samararatne is again warned that his failure to comply with this Order may result in contempt sanctions including attorney’s fees and/or his arrest by the United States Marshals Service.
Arrest by a US Marshal?
Yeah, take subpoenas seriously folks.
