Hong Kong Oriental Import and Export Co. Ltd. v. Cal Pacific Limited Inc.

Filing 33

ORDER RE: MOTION FOR LEAVE TO FILE A CREDITORS SUIT :(Re 32 Motion to Enforce Judgment filed by Hong Kong Oriental Import and Export Co. Ltd.). Telephonic Status Conference set for 2/11/2016 at 9:00 AM before Magistrate Judge Jacqueline Scott Corley. Counsel to make arrangements through CourtCall (1-888-882-6878). Signed by Magistrate Judge Jacqueline Scott Corley on 2/2/2016. (lsS, COURT STAFF) (Filed on 2/2/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HONG KONG ORIENTAL IMPORT AND
EXPORT CO. LTD.,

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Plaintiff,
v.

Case No. 15-cv-00273-JSC
ORDER RE: MOTION FOR LEAVE TO
FILE A CREDITOR’S SUIT
Re: Dkt. No. 32

CAL PACIFIC LIMITED INC.,
Defendant.

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United States District Court
Northern District of California

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In this civil action, Plaintiff obtained a clerk’s default judgment against Defendant Cal

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Pacific Limited and a writ of execution was issued in the amount of $3,519,918. (Dkt. Nos. 17 &

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21.) The judgment debtor subsequently failed to appear at two judgment debtor exams. (Dkt.

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Nos. 25 & 29.) Plaintiff has now filed a Motion for Leave to File a Creditor’s Suit wherein

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Plaintiff seeks leave to file a new complaint to collect funds that the judgment debtor allegedly

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fraudulently transferred to third parties. (Dkt. No. 32) Although Plaintiff states that the motion is

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filed pursuant to Federal Rule of Civil Procedure 69(a), California Code of Civil Procedure §

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708.210, and California’s Uniform Fraudulent Transfer Act, California Civil Code § 3439, et seq.,

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the Court is not aware of a state or federal requirement that Plaintiff seek leave of the Court prior

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to filing a new civil action against a third party.

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Accordingly, the Court sets a status conference for February 11, 2016 at 9:00 a.m.

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Plaintiff may contact Court Call at 1-888-882-6878 to make arrangements to appear by telephone.

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If Plaintiff prefers, Plaintiff may file a written submission that addresses the Court’s question prior

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to the status conference.

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IT IS SO ORDERED.
Dated: February 2, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge