United States of America v. Brooks

Filing 16

ORDER granting 14 Motion to Compel answers to Interrogatories as follows: 1. Jeffrey Brooks shall answer each of the plaintiff's "INTERROGATORIES AND PRODUCTION OF DOCUMENTS BY JUDGMENT CREDITOR UNITED STATES OFAMERICA" no later tha n July 1, 2010. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the specific reasons for objection must be stated in lieu of an answer. If Jeffrey Brooks does not retain counse l, all answers and objections to the interrogatories shall be signed by Jeffrey Brooks. If Jeffrey Brooks does retain counsel in this matter, all answers shall be signed by Jeffrey Brooks andany objections shall be signed by the attorney making the o bjections. 2. If Jeffrey Brooks raises a frivolous objection to any of the interrogatories or fails to provide a timely, complete, truthful, and non-evasive response to each interrogatory, the court will entertain a motion for leave to institute civ il or criminal contempt proceedings against Jeffrey Brooks pursuant to 28 U.S.C. § 636(e), a motion pursuant to Fed. R. Civ. P.37 for costs and sanctions, or any other appropriate request for relief.3. Moving counsel shall serve a copy of this Order by mail, return receipt requested,on the defendant, Jeffrey Brooks. Moving counsel shall file a Certificate of Service listingthe names and addresses of the persons to whom notice was sent. Ordered by Magistrate Judge F. A. Gossett. (PCV, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, P l a i n t i f f, vs. J E F F R E Y BROOKS, D efe n d a n t. ) ) ) ) ) ) ) ) )

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T h is matter is before the court on the motion (Doc. 14) of the United States to compel p o s t-ju d g m e n t discovery responses from the defendant. BACKGROUND O n September 3, 2009, this court entered default judgment (Doc. 11) against the d e f en d a n t, Jeffrey Brooks, and in favor of the United States of America in the amount of $ 8 ,7 6 2 .4 4 , plus interest and costs. On February 5, 2010 counsel for the United States served interrogatories and requests f o r production of documents, in aid of execution of the judgment. The defendant did not resp o n d to the discovery requests, prompting counsel to file this motion to compel. The court h a s reviewed the interrogatories and requests for production, and finds that the government's m o tio n should be granted. D IS C U S S IO N U n d er Rule 69(a) of the Federal Rules of Civil Procedure, a judgment creditor or a s u c c es s o r in interest whose interest appears of record may obtain discovery from any person, in c lu d i n g the judgment debtor. Discovery devices in the state and federal court systems in c lu d e , but are not limited to, debtor's examinations, depositions upon oral examination or w r itte n questions, written interrogatories, requests for the production of documents or things, p e rm is s io n to enter upon land or other property for inspection and other purposes, physical a n d mental examinations, requests for admission, and subpoenas.

T h e law allows judgment creditors to conduct full post-judgment discovery to aid in e x e cu tin g judgment, and the plaintiff "'is entitled to a very thorough examination of the ju d g m e n t debtor.'" Credit Lyonnais, S.A. v. SGC Intern. Inc., 160 F.3d 428, 430 (8th Cir. 1 9 9 8 ). "The procedure on execution ­ and in proceedings supplementary to and in aid of ju d g m e n t or execution ­ must accord with the procedure of the state where the court is lo c a ted , but a federal statute governs to the extent it applies." Fed. R. Civ. P. 69(a); see Neb. R e v . Stat. §§ 25-1564 through 25-1580. The defendant, Jeffrey Brooks, is hereby ordered to answer all of the government's in t e rr o g a to r ie s and respond to all the government's requests for production of documents. E a c h interrogatory must be answered separately and fully in writing under oath. Any g ro u n d s for objecting to an interrogatory or request for production must be stated with s p e c if ic ity. Any ground not stated in a timely objection will be deemed waived unless the c o u rt, for good cause, excuses the failure. The person who makes the answers must sign th e m . If an attorney objects to the interrogatories, the attorney who objects must sign any o b je c tio n s . See Fed. R. Civ. P. 33(b)(3). The defendant, Jeffrey Brooks, is advised that failure to provide timely, complete, tru th f u l, and non-evasive answers to the interrogatories may result in a finding of civil or c rim in a l contempt under 28 U.S.C. § 636(e), or any appropriate sanction authorized by Fed. R . Civ. P. 37. ORDER I T IS ORDERED that the government's Motion to Compel Answers to I n te r ro g a to r ie s (Doc. 14) is granted, as follows: 1 . J e f f re y Brooks shall answer each of the plaintiff's "INTERROGATORIES AND P R O D U C T IO N OF DOCUMENTS BY JUDGMENT CREDITOR UNITED STATES OF A M E R IC A " no later than July 1, 2010. Each interrogatory shall be answered separately and f u lly in writing under oath, unless it is objected to, in which event the specific reasons for o b jec tio n must be stated in lieu of an answer. If Jeffrey Brooks does not retain counsel, all a n sw e rs and objections to the interrogatories shall be signed by Jeffrey Brooks. If Jeffrey B ro o k s does retain counsel in this matter, all answers shall be signed by Jeffrey Brooks and a n y objections shall be signed by the attorney making the objections.

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2 . If Jeffrey Brooks raises a frivolous objection to any of the interrogatories or fails to provide a timely, complete, truthful, and non-evasive response to each interrogatory, the c o u rt will entertain a motion for leave to institute civil or criminal contempt proceedings a g a in st Jeffrey Brooks pursuant to 28 U.S.C. § 636(e), a motion pursuant to Fed. R. Civ. P. 3 7 for costs and sanctions, or any other appropriate request for relief. 3. M o v in g counsel shall serve a copy of this Order by mail, return receipt requested, o n the defendant, Jeffrey Brooks. Moving counsel shall file a Certificate of Service listing th e names and addresses of the persons to whom notice was sent. D A T E D May 25, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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