Balsam v. Angeles Technology Inc. et al

Filing 106

ORDER by Magistrate Judge Howard R. Lloyd granting 104 Judgment Creditor's Motion for Leave to Serve Discovery.(hrllc2, COURT STAFF) (Filed on 1/10/2012)

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1 2 *E-FILED: January 10, 2012* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 DANIEL L. BALSAM, 12 Plaintiff, 13 No. C06-04114 JF (HRL) ORDER GRANTING JUDGMENT CREDITOR’S MOTION FOR LEAVE TO SERVE DISCOVERY v. 14 ANGELES TECHNOLOGY, INC., et al., 15 Defendants. [Re: Docket No. 104] / 16 17 Judgment creditor Daniel L. Balsam moves for leave to conduct discovery concerning 18 judgment debtor Angeles Technology, Inc. (Angeles). Specifically, Balsam would like to serve 19 a Fed. R. Civ. P. 45 subpoena duces tecum on one Cynthia Reed (Angeles’ reported officer) to 20 determine Angeles’ assets, the company’s ownership, and to see “whether [the company] was 21 sufficiently capitalized to satisfy the judgment in this action.” (Walton Decl. ¶ 4). The matter 22 is deemed suitable for determination without oral argument, and the January 17, 2012 hearing is 23 vacated. Civ. L.R. 7-1(b). Upon consideration of the moving papers, the motion is granted. 24 See FED. R. CIV. P. 69(a)(2); Ryan Investment Corp. v. Pedregal de Cabo San Lucas, No. C06- 25 3219 JW (RS), 2009 WL 5114077 at *1 (N.D. Cal., Dec. 18, 2009) (under Fed. R. Civ. P. 69, a 26 party may use any means of discovery allowable under the Federal Rules of Civil Procedure). 27 By issuing this order, however, this court does not intend to foreclose any valid objection that 28 may be raised in connection with the subpoena and Balsam’s discovery requests. Additionally, 1 insofar as the subpoena target apparently is located in Nevada, this court believes that Balsam’s 2 proposed subpoena should be amended to indicate that it is being issued from the District of 3 Nevada, not the Northern District of California. 4 5 SO ORDERED. Dated: January 10, 2012 6 HOWARD R. LLOYD 7 UNITED STATES MAGISTRATE JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 5:06-cv-04114-JF Notice has been electronically mailed to: 2 Andrew D. Castricone 3 Brian Ted Hafter bhafter@linerlaw.com 4 Dana Milmeister dana@garyjkaufmanlaw.com 5 Gary Jay Kaufman 6 Marijana Stanojevic 7 Timothy James Walton 8 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. acastricone@gordonrees.com gary@kaufmanlawgroupla.com marijana@garyjkaufmanlaw.com ecf.cand@netatty.com, ecf.cand.uscourts.gov@computercounsel.com 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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