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.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUSTIN K. ADLER, an individual,

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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,

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Defendants.
RELYNET, INC., a California
Corporation, MICHAEL DICARLO, an
individual, and DOES 1 through
50, inclusively,
Counterclaimants,

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v.
DUSTIN K. ADLER, an individual,
Counterdefendant.

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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

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Outdoors, Inc.’s (“Intermedia”) Motion for an Assignment Order

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(Doc. #327).

Plaintiff Dustin K. Adler (“Adler”) does not oppose
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the motion (See Statement of Non-Opposition, Doc. #335).1

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Intermedia also requests judicial notice (Doc. #330) of a number of

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documents from the court’s docket and from Defendant RelyNet,

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Inc.’s (“RelyNet”) Chapter 7 Bankruptcy filing.

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taken judicial notice of these documents as requested.

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The Court has

On March 11, 2010 this Court granted Intermedia’s motion for

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attorneys’ fees and costs, in the amount of $154,146.49, against

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Adler.

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Including all post judgment interests and costs, Intermedia is

Adler has not paid any part of the fee award to date.

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currently owed a total of $154,385.84.

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of a judgment of approximately $1,200,998.00 (“the Judgment”) from

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Defendants RelyNet and Michael DiCarlo.

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7 Bankruptcy, and Adler has filed a proof of claim with the

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Bankruptcy Court.

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a total payment in the amount of $1,611,499.94 from RelyNet,

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including the Judgment, attorneys’ fees, costs and interest.

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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

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enforcement proceedings in this court must comply with California

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law.

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California, 130 F.3d 1342, 1344 (9th Cir. 1997).

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of Civil Procedure § 708.510 provides that an assignment order may

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be obtained by a creditor to obtain all or part of a right to

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payment due, or to become due, whether or not such right is

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conditioned upon future developments.

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include judgments.

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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

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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.
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$154,385.84.

This amount reflects the currently owed principal of

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$154,146.49, plus post judgment interest and costs.

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Civ. P. 69 and C.C.P. § 708.510, the amount may properly be

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assigned to Intermedia, from the Judgment that is due to Adler.

Under Fed. R.

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ORDER
Intermedia’s Motion for an Assignment Order is hereby GRANTED.

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The amount of $154,385.84 is assigned to Intermedia from the

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Judgment that is due to Adler.

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IT IS SO ORDERED.
Dated:

August 4, 2011.

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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