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Court filing — United States v. Gibbs (Dkt. 6, E.D. Va.)

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Case 3:20-cr-00094-DJN Document 6 Filed 10/19/20 Page 1 of 2 PagelD# 18

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division
UNITED STATES OF AMERICA,
v. Criminal No. 3:20cr94 (DJN)
KIRK GIBBS,
Defendant.
ORDER

This matter comes before the Court on the Certificate of Service filed by PennyMac Loan
Services, LLC (“PennyMac’”), filed in the civil action that gave rise to this contempt action,
Johnson v. PennyMac Loan Services, LLC, No. 3:19cv837 (ECF No. 55). The Court had
previously scheduled a bench trial for October 6, 2020, on the issue of whether Defendant Kirk
Gibbs’ (“Defendant”) disobedience of the Court’s order requiring him to appear before the Court
at an evidentiary hearing on August 31, 2020, constituted criminal contempt in violation of 18
U.S.C. § 401. However, the United States Marshal indicated that it could not perfect service on
Defendant of the order that summoned him to appear on October 6, 2020. Accordingly, the
Court continued the contempt proceeding until November 23, 2020, at 11:00 a.m., and issued a
Memorandum Order that summoned Defendant to appear on that date. (ECF No. 5.) The Court
ordered PennyMac to utilize a process server to personally serve Defendant with the October 6,
2020, Memorandum Order by hand within ten days. On October 16, 2020, PennyMac indicated
that it had served Defendant with the Memorandum Order by Certified Mail, but it did not
indicate that it had served Defendant by hand, detail what efforts it had taken to serve Defendant

by hand nor indicate who had signed for the Certified Mail.
Case 3:20-cr-00094-DJN Document6 Filed 10/19/20 Page 2 of 2 PagelD# 19

If Defendant signed for the Certified Mail, then PennyMac is hereby ORDERED to file
the return receipt bearing Defendant’s signature within three (3) days of the entry hereof. If
Defendant did not sign for the Certified Mail, then PennyMac is hereby ORDERED to utilize a
private process server to serve Defendant with the October 6, 2020 Memorandum Order by hand
within seven (7) days of the entry hereof. PennyMac shall file a certificate of service within
three (3) days of perfecting service by hand. Any further requests for an extension shall detail
the efforts that PennyMac has taken to perfect service on Defendant by hand.

Let the Clerk file this Memorandum Order electronically and notify all counsel of record

in this case and in Johnson v. PennyMac Loan Services, LLLC, Case No. 3:19cv837.

It is so ORDERED. )
Fy

David J. Novak
United States District Judge

Richmond, Virginia
Dated: October 19. 2020

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