Adler v. Relynet, Inc., et al.,
Filing
337
ORDER signed by Judge John A. Mendez on 8/4/2011 GRANTING 327 Motion for an Assignment Order. The amount of $154,385.84 is assigned to Intermedia from the Judgment that is due to Adler. (Zignago, K.)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
DUSTIN K. ADLER, an individual,
11
12
13
14
15
16
17
Plaintiff,
v.
RELYNET, INC., a California
Corporation, MICHAEL DICARLO, an
individual, INTERNET BRAND,
INC., a Delaware corporation,
INTERMEDIA OUTDOORS, INC., a
Delaware corporation, VORTEX
MEDIA GROUP, INC., a Delaware
corporation, and DOES 1 through
50, inclusively,
18
19
20
21
Defendants.
RELYNET, INC., a California
Corporation, MICHAEL DICARLO, an
individual, and DOES 1 through
50, inclusively,
Counterclaimants,
22
23
24
v.
DUSTIN K. ADLER, an individual,
Counterdefendant.
25
26
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 2:08-CV-01333 JAM-EFB
ORDER GRANTING INTERMEDIA
OUTDOORS, INC.’S MOTION FOR
AN ASSIGNMENT ORDER
This matter is before the Court on Defendant Intermedia
27
Outdoors, Inc.’s (“Intermedia”) Motion for an Assignment Order
28
(Doc. #327).
Plaintiff Dustin K. Adler (“Adler”) does not oppose
1
1
the motion (See Statement of Non-Opposition, Doc. #335).1
2
Intermedia also requests judicial notice (Doc. #330) of a number of
3
documents from the court’s docket and from Defendant RelyNet,
4
Inc.’s (“RelyNet”) Chapter 7 Bankruptcy filing.
5
taken judicial notice of these documents as requested.
6
The Court has
On March 11, 2010 this Court granted Intermedia’s motion for
7
attorneys’ fees and costs, in the amount of $154,146.49, against
8
Adler.
9
Including all post judgment interests and costs, Intermedia is
Adler has not paid any part of the fee award to date.
10
currently owed a total of $154,385.84.
11
of a judgment of approximately $1,200,998.00 (“the Judgment”) from
12
Defendants RelyNet and Michael DiCarlo.
13
7 Bankruptcy, and Adler has filed a proof of claim with the
14
Bankruptcy Court.
15
a total payment in the amount of $1,611,499.94 from RelyNet,
16
including the Judgment, attorneys’ fees, costs and interest.
17
Adler is awaiting payment
RelyNet filed for Chapter
The Proof of Claim indicates that Adler is owed
Pursuant to Federal Rules of Civil Procedure 69, post-judgment
18
enforcement proceedings in this court must comply with California
19
law.
20
California, 130 F.3d 1342, 1344 (9th Cir. 1997).
21
of Civil Procedure § 708.510 provides that an assignment order may
22
be obtained by a creditor to obtain all or part of a right to
23
payment due, or to become due, whether or not such right is
24
conditioned upon future developments.
25
include judgments.
26
Credit Suisse v. U.S. Dist. Court for Cent. Dist. Of
California Code
Assignable payment rights
C.C.P. § 708.510; Comment to C.C.P. § 708.510.
Intermedia seeks an assignment order in the amount of
27
1
28
This matter was determined to be suitable for decision without
oral argument. E.D. Cal. L. R. 230(g). The matter was originally
set for hearing on August 3, 2011.
2
1
$154,385.84.
This amount reflects the currently owed principal of
2
$154,146.49, plus post judgment interest and costs.
3
Civ. P. 69 and C.C.P. § 708.510, the amount may properly be
4
assigned to Intermedia, from the Judgment that is due to Adler.
Under Fed. R.
5
6
7
ORDER
Intermedia’s Motion for an Assignment Order is hereby GRANTED.
8
The amount of $154,385.84 is assigned to Intermedia from the
9
Judgment that is due to Adler.
10
11
IT IS SO ORDERED.
Dated:
August 4, 2011.
____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?