Proposed Order: Active 51485799.3

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Case 19-33568-mvl7 Doc 75-2 Filed 08/05/20 Entered 08/05/20 13:38:22 Page 1 of 7

PROPOSED ORDER

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UNITED STATES BANKRUPTCY COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

)
In re: ) Chapter 7
)
ERIC C. BLUE, et al.,1 ) Case No. 19-33568-7
)
Debtors. ) (Jointly Administered)
)

ORDER FINDING DEBTORS IN CIVIL CONTEMPT


OF COURT AND IMPOSING COERCIVE SANCTIONS

CAME ON FOR HEARING, the Motion for Order Finding Debtors in Civil Contempt of

Court and Imposing Coercive Sanctions (the “Motion”)2 filed by Diane G. Reed (the “Trustee”),

the duly appointed Chapter 7 trustee of the above captioned administratively consolidated estates

of Eric C. Blue (“Blue”), Capital Park Private Equity Partners, LLC (“Capital Park PEP”), and

Capital Park Management Company, LLC (“Capital Park MC”, and collectively, the “Debtors”).

Upon consideration of the Motion, the arguments presented by counsel, the Court finds as follows:

1
The Debtors in these jointly administered chapter 7 cases are Eric C. Blue, Capital Park Management Company,
LLC, and Capital Park Private Equity Partners, LLC.
2
Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion.

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1. This Court has jurisdiction over the Bankruptcy Case under 28 U.S.C. §§ 157 and

1334. This is a core proceeding under 28 U.S.C. § 157(b). Venue in this Court is proper under

28 U.S.C. § 1408.

2. The Debtors received adequate notice of the Motion and the hearing thereon, and

service of the Motion was proper under the circumstances;

3. The Debtors received adequate notice of the Violated Orders;

4. The Debtors had specific obligations under the Violated Orders as provided therein;

5. The Debtors willfully failed to comply with their obligations under the Violated

Orders;

6. The Debtors’ failure to comply with the Violated Orders has hindered the Trustee’s

ability to administer the Debtors’ estates;

7. The Debtors are in contempt of this Court for their noncompliance with the Violated

Orders; and

8. The relief provided herein is the most appropriate remedy to enforce the Violated

Orders and coerce the Debtors’ cooperation in the administration of the Bankruptcy Case.

Accordingly, it is hereby:

ORDERED that within three days of entry of this Order, the Debtors are required to file

with the Court the documents required by the Violated Orders; it is further

ORDERED that within 10 days of entry of this Order, the Debtors shall submit to the

Court a statement (a “Show Cause Statement”) to show cause why a bench warrant for Blue’s

arrest should not be issued for Debtors’ failure to comply with the Violated Orders; it is further

ORDERED that if the Debtors fail to submit the Show Cause Statement as provided

herein, then without any further hearings or orders from this Court, the Court will sign the Bench

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Warrant attached hereto as Exhibit A. Upon entry of the Bench Warrant, the Clerk shall provide

the Bench Warrant to the U.S. Marshalls Service which shall arrest and detain Eric C. Blue as

provide therein; it is further

ORDERED that the United States Marshalls Service shall detain Eric C. Blue until this

Court has determined that he is no longer in contempt of the Court; it is further

ORDERED that the Trustee shall promptly file a notice with the Court when the Debtors

have satisfied all of their obligations under the Violated Orders; it is further

ORDERED that this Court will retain jurisdiction to interpret and enforce this Order.

### END OF ORDER ###

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EXHIBIT A

BENCH WARRANT

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UNITED STATES BANKRUPTCY COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

)
In re: ) Chapter 7
)
ERIC C. BLUE, et al.,1 ) Case No. 19-33568-7
)
Debtors. ) (Jointly Administered)
)
) WARRANT FOR ARREST

TO: THE UNITED STATES MARSHALL SERVICE AND ANY AUTHORIZED


UNITED STATES OFFICER

YOU ARE COMMANDED to arrest Eric C. Blue at his residence or any location where
he may be found and to transport him to the detainment facility nearest to Dallas, Texas.

YOU ARE FURTHER COMMANDED to detain Eric C. Blue until he is discharged by


this Court.

YOU ARE FURTHER COMMANDED that upon the arrest of Eric C. Blue, you are to
promptly provide the Arrest Execution Form provided by electronic mail and United States Mail
to the following parties at their respective addresses:

1
The Debtors in these jointly administered chapter 7 cases are Eric C. Blue, Capital Park Management Company,
LLC, and Capital Park Private Equity Partners, LLC.

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Diane G. Reed David W. Elmquist


501 N. College Street Reed & Elmquist, P.C.
Waxahachie TX 75165 501 N. College Street
Email: dreed@bcylawyers.com Waxahachie TX 75165
Email: delmquist@bcylawyers.com

Meredyth Kippes Bradley Perdue


Office of the United States Trustee Office of the United States Trustee
1100 Commerce Street, Room 976 1100 Commerce Street, Room 976
Dallas, Texas 75242 Dallas, Texas 75242
Email: Meredyth.A.Kippes@usdoj.gov Email: Bradley.D.Perdue@usdoj.gov

David Genender Emanuel Grillo


Baker Botts L.L.P. Baker Botts L.L.P.
2001 Ross Avenue, Suite 900 30 Rockefeller Plaza
Dallas TX 75201 New York, New York 10012
Email: david.genender@bakerbotts.com Email: emanuel.grillo@bakerbotts.com

Jordan Kazlow Fareed Kaisani


Baker Botts L.L.P. Baker Botts L.L.P.
2001 Ross Avenue, Suite 900 2001 Ross Avenue, Suite 900
Dallas TX 75201 Dallas TX 75201
Email: jordan.kazlow@bakerbotts.com Email: fareed.kaisani@bakerbotts.com

### END OF ORDER ###

ARREST EXECUTION FORM

Date Warrant Received: Date of Arrest:

Location of Arrest: Final Detention Center Name and Location:

Name and Title of Arresting Officer: Signature of Arresting Officer:

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