STATE OF RHODE ISLAND SUPERIOR COURT

PROVIDENCB, SC

DEREK THERIEN

VS. cA NO. 09-62s6

NEW CENTURY MORTGAGE,

ASC, US BANK NATIONAL
ASSOCITION AS TRUSTEE

MOTION TO ADJUDGE IN CONTEMPT

Now comes the Plaintiff and hereby prays this Court to enter an Adjudging the Defendant

in Contempt of a standing Preliminary Injunction.

As grounds therefore, the Plaintiff relies on the Complaint filed with this Court on

October 29,2009. The same complaint that formed the basis of a TRO granted by Judge

Lanphear on October 29,2009 and a Preliminary Injrmctisn issued by Magistrate Revens after

taking sworn testimony on November 72,20A9. This Preliminary Injunction is still in full force

and effect.

The Defendant has ordered the Transcript of the Preliminary Injunction Hearing held

before Magistrate Revens. There is confusion regarding her Order and given this fact, no

foreclosure should take place without the benefit of the transcript. The Defendant's view of the

docket, which is clear, is myopic and self serving and in line with the Foreclosure Industries

battle cry of foreclose, foreclose, foreclose, right or wrong foreclose.

This Court should send this Defendant a strong message and hold it in contempt of an

existing Order of this Court.

This Court should fine this Defendant an amount equal to the mortgage in question for

said willful disregard of a Court Order and for its total lack of respect of the Court as a whole.

This Defendant has options that cost it nothing that would not be an open insult to the Court yet
it decides instead to test the mettle of the Court to stand by its own Orders and to stand by the

other justices of this Superior Court.

This is a compelling case where there has been an Order entered by a Justice based upon

her finding of wrongdoing in the handling of an assignment. To allow this Defendant to simply

ignore her comments, ruling and Order runs against everything that the Justice System stands for.

Further, given that there has been no change in circumstances since the TRO hearing and

the Preliminary Injunction Hearing, the order of the previous justices who heard this case should

not be disturbed.

WHEREFORE, the Plaintiff prays this Court to find the Defendant in willful

contempt of an order of this Court and that it fine this Defendant an amount equal to the

outstanding amount of the mortgage which is in the area of $280,000.00.

The Plaintiff,
By his attorney,

E sq u i re
lff Ei,l;"?lt :",*
Pawtucket. RI 02861
724-1904

Date: June 6"2011

CERTIFICATION

I hereby certify that I mailed a true and accurate copy of the within to Shanna Boughton,
Esquire,6 Kimball Lane, Suite 200, Lynnfield, MA 01940 on June 6,2011 and via email to
Shanna Boughton on even date.

George E. Babcock, Esquire