U.S. Bank National Association v. Access Companies, LLC et al

Filing 23

ORDER Granting In Part 20 Plaintiff's Ex Parte Motion for Judgment Debtor Exam. Signed by Magistrate Judge Allison H. Goddard on 11/19/2020. (mme)

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Case 3:20-cv-01234-BEN-BLM Document 23 Filed 11/19/20 PageID.178 Page 1 of 2 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 U.S. BANK NATIONAL ASSOCIATION, 16 17 18 ORDER GRANTING IN PART PLAINTIFF’S EX PARTE MOTION FOR JUDGMENT DEBTOR EXAM Plaintiff, 14 15 Case No.: 3:20-cv-01234-BEN-BLM v. ACCESS COMPANIES, LLC, and ACCESS DESTINATION SERVICES, LLC, [ECF No. 20] Defendants. 19 20 21 22 23 24 25 26 27 Before the Court is Plaintiff U.S. Bank National Corporation’s (“Plaintiff”) ex parte application for a judgment debtor examination. ECF No. 20. Plaintiff requests that the Court order third party East West to appear for examination and produce certain documents, to help Plaintiff identify and locate assets of judgment debtors Access Companies LLC and Access Destination Services. Id. at 2–3. Upon consideration of the motion and the written submissions before the Court, including the declaration regarding the third party and judgment debtors’ financial relationship, the ex parte application is GRANTED IN PART as follows: 28 1 3:20-cv-01234-BEN-BLM Case 3:20-cv-01234-BEN-BLM Document 23 Filed 11/19/20 PageID.179 Page 2 of 2 1 1. Third party East West shall appear for a judgment debtor examination through 2 one or more officers, directors, managing agents, or other persons who are familiar with 3 and knowledgeable about Access Companies LLC and Access Destination Services LLC’s 4 (collectively, “Access”) property, receivables, and assets, on December 15, 2020 at 5 9:00 a.m. via Zoom or equivalent video technology,1 to furnish information to aid in 6 enforcement of a money judgment by answering questions about Access’s property, 7 receivables, and assets. In addition, on or before December 8, 2020, East West shall also 8 produce documents identified in the Declaration of Peter E. Masaitis filed as Exhibit B to 9 Plaintiff’s ex parte Application for Judgment Debtor Exam (ECF No. 20-1 at 8–17). To 10 facilitate the Court swearing in the judgment debtor before the examination, Plaintiff shall 11 provide the Court (via email at efile_goddard@casd.uscourts.gov) the sign in link for the 12 videoconference by December 10, 2020. 13 2. Plaintiff is instructed to serve a copy of its ex parte application (ECF No. 20), 14 the Declaration of Peter E. Masaitis (ECF No. 20-1 at 1–3), Exhibit A (ECF No. 20-1 at 4– 15 6), Exhibit B (ECF No. 20-1 at 7–17), and this Order on third party East West no later than 16 twenty (20) days prior to the examination. 17 18 19 IT IS SO ORDERED. Dated: November 19, 2020 20 21 22 23 24 25 26 27 28 1 Should Plaintiff prefer to conduct the debtor examination of East West in person rather than by videoconference, in light of the current COVID-19 public emergency, Plaintiff’s request is denied until the Court can accommodate in person appearances. 2 3:20-cv-01234-BEN-BLM

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