Greenbaum v. Islamic Republic et al

Filing 17

ORDER RE OBJECTIONS TO REPORT AND RECOMMENDATION ON PLAINTIFFS' EX PARTE APPLICATIONS. Signed by Judge Jeffrey S. White on 11/25/08. (jjo, COURT STAFF) (Filed on 11/25/2008)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STEVEN M. GREENBAUM, et al., Plaintiffs, v. ISLAMIC REPUBLIC OF IRAN, et al. Defendants. / ORDER RE OBJECTIONS TO REPORT AND RECOMMENDATION ON PLAINTIFFS' EX PARTE APPLICATIONS No. C 08-80024-MISC JSW

United States District Court

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For the Northern District of California

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Now before the Court are Plaintiffs' ex parte applications for an order amending the writ of execution and Plaintiffs' motion for a de novo review of Magistrate Judge Zimmerman's Report and Recommendation as to their ex parte applications. The Court has reviewed the entire file de novo, including Judge Zimmerman's Report and Recommendation. The Court agrees with Judge Zimmerman's recommendation. Judge Zimmerman recommended for the same reasons set forth in his report and recommendation dated May 22, 2008 in Peterson v. Islamic Republic of Iran, Case No. 08-80030 Misc, that Plaintiffs ex parte applications be denied. In that report and recommendation, Judge Zimmerman concluded that California law did not authorize this Court to accept an "affidavit of identity" pursuant to California Code of Civil Procedure § 699.510 to alter the judgment entered by the United States District Court for the District of Columbia because the such affidavit is defined as one that is filed "with the clerk of the court in which the judgment is entered." Cal. Code Civ. Proc. § 680.135. Although Plaintiffs argue that the judgment from the District of Columbia was "docketed" here, they have

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not and cannot argue that it was "entered" by this Court. Accordingly, the Court adopts Judge Zimmerman's Report and Recommendation and DENIES Plaintiffs' ex parte applications for an order amending the writ of execution. IT IS SO ORDERED.

Dated: November 25, 2008

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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