Iguacu, Inc. v. Filho

Filing 427

ORDER RE [#418] MOTION FOR ASSIGNMENT ORDER. Signed by Judge Richard Seeborg on 8/4/14. (cl, COURT STAFF) (Filed on 8/4/2014)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

11
For the Northern District of California

United States District Court

10

12

IGUAÇU, INC.,
Plaintiff,
v.

13
14

ORDER RE MOTION FOR
ASSIGNMENT ORDER

ANTONIO CABRERA MANO FILHO,

15

No. C 09-0380 RS

Defendant.
____________________________________/

16
17

Pursuant to Civil Local Rule 7-1(b), plaintiff’s motion for an assignment order is suitable for

18

disposition without oral argument and the hearing set for August 7, 2014 is vacated. The parties are

19

in agreement that this court lacks jurisdiction to direct assignment of assets outside U.S. territory.

20

As such, no order can be entered with respect to any sums that are or may become payable to

21

defendant in Brazil. Plaintiff explicitly has limited its request to defendant’s “U.S.-based assets.”

22

While defendant, in turn, does not contest that plaintiff would be entitled to assignment of

23

money he might be due from United States entities in the Archer Daniels Midland family, at least

24

where payable here, he insists there are no such obligations presently existing or likely ever to arise.

25

Defendant contends the arbitration proceeding with ADM involve only foreign entities. Defendant

26

has not shown, however, why plaintiff would not be entitled to assignment of any domestic payment

27

rights that might arise.

28

1

The parties are therefore directed to meet and confer as to a form of an assignment order that

2

is appropriately narrowed to reach only any assets within the jurisdiction of the court. If no such

3

assets exist or will come into existence as a result of the ADM arbitration proceedings, entry of such

4

an order will not prejudice defendants.

5

The parties shall submit a joint proposed order within 20 days of the date of this order. In

6

the event they are unable to reach agreement, they may submit alternative proposals under

7

explanatory cover letters not to exceed 3 pages each.

8
9

IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10

12

Dated: 8/4/14
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2