Forreststream Holdings Limited v. Shenkman

Filing 321

ORDER TO SHOW CAUSE WHY FORRESTSTREAM'S APPLICATION FOR AN ORDER DIRECTING TURNOVER OF SHARES SHOULD NOT BE GRANTED.As set forth in the attached, the court orders Mr. Shenkman to appear before the court on November 15, 2018, at 9:30 a.m ., and show cause why Forreststream's application for an order directing turnover of Mr. Shenkman's shares in Return on Intelligence, Ltd., should not be granted. (This is in addition to the court's earlier order that Mr. Shenkman appe ar and show cause why Forreststream should not be granted leave to file a motion for sanctions.) Order to Show Cause Hearing set for 11/15/2018 09:30 AM. Signed by Judge Laurel Beeler on November 14, 2018. (lblc1S, COURT STAFF) (Filed on 11/14/2018)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

San Francisco Division

United States District Court
Northern District of California

11

FORRESTSTREAM HOLDINGS
LIMITED,

12

Plaintiff,
13
v.
14
GREGORY SHENKMAN, et al.,

15

Defendants.

Case No. 16-cv-01609-LB
ORDER TO SHOW CAUSE WHY
PLAINTIFF’S APPLICATION FOR
ORDER DIRECTING TURNOVER OF
SHARES SHOULD NOT BE GRANTED
Re: ECF No. 320

16
The court assumes the reader’s familiarity with the subject matter and procedural history of

17
18

this case. Briefly stated, plaintiff and judgment-creditor Forreststream Holdings Ltd. has been

19

trying for some time to obtain discovery regarding Mr. Shenkman’s assets to satisfy the over $5.3

20

million judgment that Mr. Shenkman owes Forreststream.1 Forreststream states that Mr.

21

Shenkman has not made any payments towards the judgment and has refused to provide

22

meaningful responses to Forreststream’s discovery requests regarding his assets.2 In another

23

litigation pending in this district, however, Mr. Shenkman has admitted to owning shares in a

24
25
26
27

Forreststream Appl. – ECF No. 320 at 2–4. Citations refer to material in the Electronic Case File
(“ECF”); pinpoint citations are to the ECF-generated page numbers at the top of documents.
1

2

Id.

28
ORDER – No. 16-cv-01609-LB

1

Bermuda-chartered corporation, Return on Intelligence, Ltd. (“ROI”).3 Forreststream requests that

2

the court order Mr. Shenkman to turn over his shares in ROI to the U.S. Marshal for levy and sale

3

pursuant to the writ of execution issued in this case.4

4

The court orders Mr. Shenkman to appear before the court on November 15, 2018, at 9:30

5

a.m., and show cause why Forreststream’s application for an order directing turnover of his shares

6

in ROI should not be granted. (This is in addition to the court’s earlier order that Mr. Shenkman

7

appear on November 15 at 9:30 a.m. and show cause why Forreststream should not be granted

8

leave to file a motion for sanctions.5)

9
IT IS SO ORDERED.

11
United States District Court
Northern District of California

10

Dated: November 14, 2018
______________________________________
LAUREL BEELER
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
3

26

Id. at 4; Forreststream Appl. Ex. B (Answer, Return on Intelligence, Ltd. v. Shenkman, No. 18-CV00262-JSW (N.D. Cal. filed July 20, 2018), ECF No. 51) – ECF No. 320 at 18 (¶ 15).
4

Forreststream Appl. – ECF No. 320 at 4.

5

Order to Show Cause – ECF No. 317.

27
28

ORDER – No. 16-cv-01609-LB

2