Ellipsat, Inc.

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ELLIPSO, INC.,
Debtor.
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Case No. 09-00148
(Chapter 11)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION OF DAVID
CASTIEL FOR RECONSIDERATION OF ORDER GRANTING
CREDITOR ROBERT PATTERSON’S MOTION TO HOLD DAVID CASTIEL
IN CONTEMPT OF COURT FOR FAILURE TO COMPLY WITH
THIS COURT'S ORDERS OF SEPTEMBER 9, 2009, AND OCTOBER 7, 2009
David Castiel has filed a motion (Dkt. No. 484) seeking
reconsideration of this court’s order (Dkt. No. 482) holding him
in contempt. 	He represents that he acted on advice of counsel,
and that once he realized that redacted copies were unacceptable,
he had insufficient time to produce unredacted copies. 	Finally,
he urges that the only thing redacted were account numbers that
could be derived by examining other papers for the accounts that
were not submitted in redacted form. 	None of these contentions
warrants reconsideration.
Advice of counsel and good faith are not defenses to a civil
contempt motion. 	McComb v. Jacksonville Paper Co., 336 U.S. 187,
The document below is hereby signed.
Signed: March 05, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2	O:\TEEL\Judge Temp Docs\Ellipso, Inc. - Decsn re Denying Castiel Mtn for Reconsideration of Contempt Order.wpd
191 (1949). 	The delay would not have arisen had Castiel
submitted unredacted copies in the first place. 	Finally, Castiel
may have known that only account numbers were redacted (and could
be derived by looking at papers for the same accounts that were
not redacted), but Patterson would not have been in a position to
know that until he saw unredacted copies showing that account
numbers were the only thing redacted. 	Patterson requests
sanctions for Castiel having proceeded in bad faith, but
Castiel’s errors of law do not rise to the level of bad faith,
and he will be limited to recovering costs taxable under 28
U.S.C. § 1920.
[Signed and dated above.]
Copies to:
Debtor's attorney; Office of U.S. Trustee; and:
Robert Patterson
9330 Harts Mill Rd.
Warrenton, VA 20186
c/o J. Mann
David Wachtel, Esq.
Bernabei and Wachtel, PLLC
1775 T Street, N.W.
Washington, D.C. 20009-7124
David and Cameran Castiel
2831 44th Street, NW
Washington, D.C. 20007
Case 09-00148 Doc 782 Filed 03/05/10 Entered 03/05/10 16:45:16 Desc Main
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