4Wall Las Vegas, Inc. v. Triebwasser et al

Filing 85

ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/2014 CONTINUING the hearing on the claim of exemption to 2/13/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; ORDERING the plaintiff to file and serve by 1/2 3/2014, a brief not exceeding five (5) pages and a proposed order addressing (a) the necessary background facts with respect to the plaintiffs' judgment enforcement efforts and the specific bank accounts at issue, (b) the claim of exemption file d by the defendants/judgment debtors, and (c) why the claim of exemption is not valid based on applicable law; ORDERING the defendants/judgment debtors to file by 2/6/2014, a written response not exceeding five (5) pages to the plaintiffs' brief ; ORDERING the plaintiffs to promptly provide notice of this order and the continued hearing to all appropriate parties; DIRECTING the Clerk of Court to serve a copy of this order on defendants/judgment debtors Mark Triebwasser and Stage 1, Inc. at 612 Figueroa Street, Unit B, Folsom, CA 95630. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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4WALL LAS VEGAS, INC.,

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No. 2:12-cv-2746-KJN

Plaintiff,
v.

ORDER

MARK TRIEBWASSER, et al.,
Defendants.

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On October 17, 2013, this court entered a stipulated judgment in favor of plaintiff 4Wall

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Las Vegas, Inc. and counterdefendants Michael Cannon and 4Wall Enterprises, Inc. (collectively,

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“plaintiffs”) and against defendants Mark Triebwasser and Stage 1, Inc. (collectively,

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“defendants”). (ECF Nos. 78, 79.) Additionally, on November 12, 2013, the Clerk of Court

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issued a writ of execution of a money judgment. (ECF No. 82.)

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Thereafter, on January 13, 2014, plaintiffs filed two California Judicial Council forms – a

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“Notice of Opposition to Claim of Exemption” and a “Notice of Hearing on Claim of

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Exemption.” (ECF Nos. 83, 84.) Although the forms are not supported by any briefing, it

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appears that plaintiffs have sought to levy on a certain bank account(s) owned by

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defendants/judgment debtors, and that defendants/judgment debtors have filed a claim of

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exemption of the bank account(s) around December 30, 2013. (Id.) Plaintiffs oppose the claim of

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exemption, and have noticed a hearing on the claim of exemption for January 30, 2014. (Id.)
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Because the court desires further briefing on the matter, the court finds it appropriate to
continue the hearing and set a special briefing schedule.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The January 30, 2014 hearing on the claim of exemption is VACATED and

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CONTINUED to Thursday February 13, 2014, at 10:00 a.m., in Courtroom No. 25

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before the undersigned.

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2. No later than January 23, 2014, plaintiffs shall file and serve a brief of no more than

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five (5) pages addressing (a) the necessary background facts with respect to plaintiffs’

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judgment enforcement efforts and the specific bank accounts at issue; (b) the claim of

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exemption filed by defendants/judgment debtors (attaching, if possible, a copy of the

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claim of exemption); and (c) why the claim of exemption is not valid based on

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applicable law. Plaintiffs shall also simultaneously file on the docket a proposed order

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regarding the particular relief requested for the court’s consideration. A Word version

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of the proposed order shall be sent to [e-mail].

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3. No later than February 6, 2014, defendants/judgment debtors may file a written
response of no more than five (5) pages to plaintiffs’ brief.
4. Plaintiffs shall promptly provide notice of this order and the rescheduled hearing to all
appropriate parties.
5. The Clerk of Court shall also serve a copy of this order on defendants/judgment

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debtors Mark Triebwasser and Stage 1, Inc. at 612 Figueroa Street, Unit B, Folsom,

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CA 95630.

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IT IS SO ORDERED.
Dated: January 16, 2014

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