Rosenthal v. Poster

Filing 60

ORDER Denying without prejudice 59 Ex Parte Motion for Order Allowing Examination of Judgment Debtor. Signed by Magistrate Judge Peggy A. Leen on 8/2/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANIEL ROSENTHAL,

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Plaintiff,
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vs.
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MARCIA HARTMAN,
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Defendant.
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__________________________________________)

Case No. 2:07-cv-01204-KJD-PAL
ORDER
(Mot/Exam Judgment Debtor - Dkt #59)

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Before the court is an Ex Parte Motion for Order Allowing Examination of Judgment Debtor

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(Dkt. #59). The application seeks an order requiring the Defendant, Marsha Hartman, to appear for a

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judgment debtor examination. The application is based on the provisions of N.R.S. 21.270 and Fed. R.

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Civ. P. 69(a)(2).

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The district judge entered a default judgment against the Defendant on April 29, 2009 in the

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amount of $210, 350. See Dkt. #58. Plaintiff seeks to examine Defendant Hartman under oath to

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determine whether she has any assets available to satisfy the judgment. Plaintiff also seeks an order

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requiring her to bring documents identified in the application to the examination. N.R.S. 21.270 and

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Fed. R. Civ. P. 69(a)(2) authorize a judgment debtor examination. However, N.R.S. 21.270(1)(b)

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provides that no judgment debtor may be required to appear outside the county in which he or she

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resides. The application does not address the county in which the judgment debtor resides.

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Accordingly,

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IT IS ORDERED Plaintiff’s Ex Parte Motion for Order Allowing Examination of Judgment

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Debtor (Dkt. #59) is DENIED without prejudice. If the Defendant/Judgment Debtor is a resident of

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Clark County, Nevada, Plaintiff may re-file the motion. The motion shall attach a proposed order.

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Dated this 2nd day of August, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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