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NOT FOR CITATION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