F.C.V. Inc v. Sterling National Bank

Filing 6

ORDER Terminating Case and Denying (Doc. 4 ) Motion to Quash as Moot. Signed by Magistrate Judge Jan M. Adler on 6/22/2011. All non-registered users served via U.S. Mail Service (sjt) Modified on 6/22/2011 to add text (sjt).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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F.C.V., INC.,
Plaintiff,

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v.

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STERLING NATIONAL BANK,

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Defendant.

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Case No. 08MC00400-JMA
ORDER TERMINATING CASE AND
DENYING MOTION TO QUASH AS
MOOT (DOC. NO. 4)

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This case was referred to the undersigned on June 16, 2011, after the filing of a

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Motion to Quash Subpoena by Eskeland & Ettafagh Dental Corp. and Steven Eskeland,

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who are identified by Sterling National Bank as being subject to a default judgment that

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was entered by the U.S. District Court, District of New Jersey on February 28, 2007 in

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F.C.V., Inc. v. Sterling National Bank, 04CV05035-DMC-MF. After reviewing the case

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filings, the Court finds the default judgment from the District of New Jersey was filed in

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error and fails to meet the appropriate requirements for registering a judgment in the

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United States District Court, Southern District of California.

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In order to register the judgment of another Federal District Court, the Clerk of

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the Court for the district where the judgment was entered must complete A.O. Form

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451, entitled CLERK’S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN

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ANOTHER DISTRICT and attach thereto a certified copy of the judgment, which then

08MC00400-JMA

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may be registered in any district in which the judgment is a lien. 28 U.S.C. § 1963.

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Sterling National Bank filed A.O. Form 132, entitled EXEMPLIFICATION CERTIFICATE,

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which does not register the judgment it now seeks to enforce in this district. (Doc. No.

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1.) Because the judgment has not been properly registered, the Court lacks jurisdiction

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to enforce it. The Clerk’s Office is directed, therefore, to terminate the case and the

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Motion to Quash Subpoena is denied as moot.

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If Sterling National Bank wishes to proceed, it must correctly file and register with

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this Court the judgment from the United States District Court, District of New Jersey. If

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counsel has questions or requires assistance, please contact the Clerk's Office for the

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Southern District of California at 619-557-5600.
IT IS SO ORDERED.
DATED: June 22, 2011

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Jan M. Adler
U.S. Magistrate Judge

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08MC00400-JMA