U.S. Bank National Association v. Access Companies, LLC et al
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)
Case 3:20-cv-01234-BEN-BLM Document 23 Filed 11/19/20 PageID.178 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
U.S. BANK NATIONAL
ORDER GRANTING IN PART
PLAINTIFF’S EX PARTE MOTION
FOR JUDGMENT DEBTOR EXAM
Case No.: 3:20-cv-01234-BEN-BLM
ACCESS COMPANIES, LLC, and
ACCESS DESTINATION SERVICES,
[ECF No. 20]
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:
Case 3:20-cv-01234-BEN-BLM Document 23 Filed 11/19/20 PageID.179 Page 2 of 2
Third party East West shall appear for a judgment debtor examination through
one or more officers, directors, managing agents, or other persons who are familiar with
and knowledgeable about Access Companies LLC and Access Destination Services LLC’s
(collectively, “Access”) property, receivables, and assets, on December 15, 2020 at
9:00 a.m. via Zoom or equivalent video technology,1 to furnish information to aid in
enforcement of a money judgment by answering questions about Access’s property,
receivables, and assets. In addition, on or before December 8, 2020, East West shall also
produce documents identified in the Declaration of Peter E. Masaitis filed as Exhibit B to
Plaintiff’s ex parte Application for Judgment Debtor Exam (ECF No. 20-1 at 8–17). To
facilitate the Court swearing in the judgment debtor before the examination, Plaintiff shall
provide the Court (via email at firstname.lastname@example.org) the sign in link for the
videoconference by December 10, 2020.
Plaintiff is instructed to serve a copy of its ex parte application (ECF No. 20),
the Declaration of Peter E. Masaitis (ECF No. 20-1 at 1–3), Exhibit A (ECF No. 20-1 at 4–
6), Exhibit B (ECF No. 20-1 at 7–17), and this Order on third party East West no later than
twenty (20) days prior to the examination.
IT IS SO ORDERED.
Dated: November 19, 2020
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.
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