Free Motion for Contempt - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 518

Filed 08/07/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: August 7, 2007 MOTION TO HOLD PLAINTIFF S ATTORNEY IN CONTEMPT

Defendant Mostafa Reyad and Co-Defendant Wafa Reyad, respectfully move this Court to hold Plaintiff s attorney Rowena A. Moffett in Contempt of this Court s Oreder, pursuant to 18 U.S.C. Sec. 401(3). Attorney Moffett has obtained a Writ of Execution dated June 26, 2007, the writ includes Exemption Claim From Property Execution . Attorney Moffett has pled in Plaintiff-Appellee s opposition to Defendants motion to stay execution, filed in the Court of Appeals for the Second Circuit dated July 5, 2007 at p. 4.

Provided that Defendants file a timely Exemption Claim Form, the subject assets will not be disbursed unless and until the District Court rules on the claimed exemption and approves the subject execution.

1

Case 3:00-cv-00835-CFD

Document 518

Filed 08/07/2007

Page 2 of 3

Defendants have filed their timely exemption motion dated July 16, 2007 (Doc # 511), and specifically attached the contract belongs to Wafa Reyad with New England Financial, a Metlife Company. Nevertheless, Attorney Moffett on July 27, 2007 has executed on the entire fund of New England Financial in the amount of $ 26,288.00. Attorney Moffett has impressively transferred the said funds to Plaintiff s account before this Court determination of the exemption. Attorney Moffett acted in Disobedience of the Writ of the United States, should be held in contempt, and a Judgment of Contempt should be issued, and automatically should be entered if Attorney Moffett would not return the exempted property.

CONCLUSION Attorney Moffett should be held in contempt pursuant to 18 U.S.C. 401(3) Ordered to return the exempted property of New England Financial in the amount of $ 26,288.00, and Order a Judgment in Contempt to be entered automatically by the Clerk if she failed to return the said exempted property within one week, Ordering Plaintiff to pay Defendants two times the full amount unlawfully executed.

2

Case 3:00-cv-00835-CFD

Document 518

Filed 08/07/2007

Page 3 of 3

The Defendant Mostafa Reyad

The Defendant Wafa Reyad

By: Mostafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Day Phone 203-325-4100

By: Wafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Home Phone 201-585-0562

CERTIFICATE OF SERVICE

The undersigned certifies that he hand delivered on the captioned date a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511

Mostafa Reyad

3