Entrepreneur Media, Inc.v. Smith

Filing 61

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/5/11 ORDERING that Plaintiff's motion to appoint a receiver to sell certain domain names owned and/or controlled by defendant 24 is DENIED without prejudice. Defendant's motion for a stay pending appeal and/or for a temporary restraining order, 53 is DENIED. Defendant's motion for an extension 60 is GRANTED. The 5/18/11 judgment debtor examination is continued to 7/20/2011 at 09:30 AM in Courtroom 24 (EFB) before Magistr ate Judge Edmund F. Brennan. And defendant has an additional 60 days to respond to the subpoena for documents referenced in his request for an extension. Defendant and third party Karen Mixs motions to quash the subpoena issued by plaintiff to Chase Bank, N.A. (Chase) on 12/30/10 regarding Chase account number xxxx-xxxx-3620, for a protective order, and for sanctions, 29 is CONTINUED to 8/24/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. On or before 8/10/11 Plaintiff shall file a brief indicating whether the subpoena to Chase will be withdrawn as moot, and if not, indicating why the motions to quash the subpoena should not be granted. On or before 8/17/2011, Defendant and/or Mix shall file a response to Plaintiffs brief. The brief(s) shall not exceed fifteen pages. Within seven days of the date of this order, Plaintiff's counsel shall serve a copy of this order on Chase.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC.,

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Plaintiff,

No. MISC. S-10-55 JAM EFB

vs.
SCOTT SMITH dba
ENTREPRENEURPR,

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Defendant.
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ORDER
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On May 4, 2011, the court heard (1) plaintiff’s motion to appoint a receiver to sell certain

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domain names owned and/or controlled by the judgment debtor defendant, Dckt. No. 24; (2)

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defendant and third party Karen Mix’s motions to quash, for a protective order, and for

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sanctions, Dckt. Nos. 29, 37; and (3) defendant’s motion to stay this action pending appeal

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and/or for a temporary restraining order, Dckt. No. 53. Attorney Mark Serlin appeared on behalf

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of plaintiff; defendant appeared pro se; and attorney Alan Steinberg appeared on behalf of Mix.

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At the May 4 hearing, the court indicated that it would deny plaintiff’s motion to appoint

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a receiver and defendant’s motion for a stay, and would continue the hearing on defendant and

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Mix’s motions to quash, for a protective order, and for sanctions to June 22, 2011, so that it

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could be heard after the judgment debtor examination of Smith, which is currently scheduled to

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occur on May 18, 2011. See Dckt. No. 40.
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After the hearing on May 4, defendant filed a motion for a 60 day extension of the May

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18 judgment debtor examination and his deadline for responding to a subpoena for documents

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issued by plaintiff.1 Dckt. No. 60. Defendant indicates that the documents requested “include

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thirty-four (34) individual requests, each of which, if available, have the potential to yield

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volumes of documents dating as far back as seven (7) years.” Id. at 3. He adds that “[given the

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complicated nature of the document request and the fact that it involves the need to pour through

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over seven (7) years of financial statements, bank records, and countless personal records, Smith

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will be unable to complete document production in the extremely short fourteen (14) day

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window EMI has provided.” Id. He further contends that he “is trying to find legal

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representation to assist him in responding,” and that will require additional time. Id. In light of

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those representations, defendant’s request for an extension will be granted.

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Accordingly, for the reasons stated on the record at the May 4 hearing and for the
additional reasons stated herein, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion to appoint a receiver to sell certain domain names owned and/or
controlled by defendant, Dckt. No. 24, is denied without prejudice.
2. Defendant’s motion for a stay pending appeal and/or for a temporary restraining order,
Dckt. No. 53, is denied.

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3. Defendant’s motion for an extension, Dckt. No. 60, is granted.

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4. The May 18, 2011 judgment debtor examination is continued to July 20, 2011 at 9:30

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a.m. in Courtroom No. 24 and defendant has an additional 60 days to respond to the subpoena

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for documents referenced in his request for an extension.

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5. Defendant and third party Karen Mix’s motions to quash the subpoena issued by

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plaintiff to Chase Bank, N.A. (“Chase”) on December 30, 2010 regarding Chase account number

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xxxx-xxxx-3620, for a protective order, and for sanctions, Dckt. Nos. 29 and 37, are continued to

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The court does not have a copy of the subpoena at issue and is therefore unaware of the
deadline it provides for responding to the document requests.
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August 24, 2011 at 10:00 a.m. in Courtroom No. 24;
6. On or before August 10, 2011, plaintiff shall a brief indicating whether the subpoena

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to Chase will be withdrawn as moot, and if not, indicating why the motions to quash the

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subpoena should not be granted. Plaintiff’s brief may also address the motions for a protective

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order and/or for sanctions. The brief shall not exceed fifteen pages.

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7. On or before August 17, 2011, defendant and/or Mix shall file a response to plaintiff’s
brief.2 The brief(s) shall not exceed fifteen pages.
8. Within seven days of the date of this order, plaintiff’s counsel shall serve a copy of
this order on Chase.

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SO ORDERED.

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DATED: May 5, 2011.

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Although the court indicated at the hearing that the parties would be required to file
simultaneous briefing fourteen days prior to the hearing, upon further reflection, based on the
arguments made by Mix’s counsel at the hearing, the court finds that this staggered briefing
schedule will be more efficient for the parties and the court.
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