Cessna Finance Corporation v. VYWB, LLC et al

Filing 54

MEMORANDUM AND ORDER: Plaintiff's judgment is hereby renewed for an additional five years from the date of the affidavit's filing and Plaintiff's 53 Motion is granted. See order for details. Signed by U.S. District Senior Judge Sam A. Crow on 10/22/19. (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CESSNA FINANCE CORPORATION,
Plaintiff
vs.

Case No. 13-1311-SAC

VYWB, LLC and PARMJIT S. PARMAR,
Defendants.
MEMORANDUM AND ORDER
The case comes before the court on the motion of the plaintiff
Cessna Finance Corporation (“CFC”) to renew judgment and the renewal
affidavit filed by its attorney. ECF## 52 and 53. In November of 2014, this
court entered a money judgment against the defendants on both counts.
According to the plaintiff’s counsel’s affidavit, the defendants “have made no
payments toward the obligations embodied in” the court’s money judgment
and that the remaining balances due are on count one--$4,547,427.84 with
interest accruing at the rate of 5.65% from and after June 20, 2014, and on
count two--$5,216,936.96 with interest accruing at the rate of 5.65% from
and after June 20, 2014, plus attorneys’ fees and expenses in the amount of
$50,000 through the date of judgment. ECF# 52, ¶ 5. Though believing that
the filing of its counsel’s affidavit suffices under state law to renew the
judgment under K.S.A. 60-2403(a) and Fed. R. Civ. P. 69(a)(1), the plaintiff

is cautious also to move this court to grant its motion for renewing this
federal money judgment pursuant to Fed. R. Civ. P. 81(b), if applicable.
As the Tenth Circuit has said in McCarthy v. Johnson, 1999 WL
46703, at *1 (10th Cir. Feb. 3, 1999), “we think it beyond question that
renewal of a judgment is a type of relief available to litigants, and that the
requirements governing the granting of such relief are governed by state
law. See Fed. R. Civ. P. 69(a).” See also Roberts v. Summers, 2014 WL
3400735, at *1 (D. Kan. Jul. 10, 2014) (Fed. R. Civ. P. 69(a) binds a federal
court to follow state law for execution of judgment procedures); Denton v.
Dodson, 2014 WL 1653251, at *1 (N.D. Okla. Apr. 24, 2014) (“State law
governs the procedure on execution of judgments in federal court. Fed. R.
Civ. P. 69(a)(1).”).
The court finds that the renewal affidavit of plaintiff’s counsel
substantially complies with the requirements of K.S.A. 60-2403(a) and that
the plaintiff has provided notice of this motion, memorandum and affidavit to
the judgment debtors by service upon their counsel of record.
IT IS THEREFORE ORDERED that the plaintiff’s judgment is hereby
renewed for an additional five years from the date of the affidavit’s filing,
and the plaintiff’s motion (ECF# 53) is granted.

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Dated this 22nd day of October, 2019, Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge

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