RES-NV CHLV, LCC v. Rosenberg

Filing 17

ORDER Granting 16 Plaintiff's Ex Parte Application for Examination of Judgment Debtor Witness Aram Doodikian. Judgment Debtor Exam set for 10/10/2012 09:00 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. IT IS FURTHER ORDERED that a copy of this order shall be personally served upon the witness at least 14 calendar days before the hearing. Signed by Magistrate Judge Carl W. Hoffman on 8/30/12. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 RES-NV CHLV, LLC, ) ) Plaintiff, ) ) vs. ) ) STEVEN R. ROSENBURG, ) ) Defendants. ) ____________________________________) Case No. 2:11-cv-00592-JCM-CWH ORDER 12 This matter is before the Court on Plaintiff’s Ex Parte Application for Examination of 13 Judgment Debtor Witness (#16), filed August 27, 2012. Having secured a judgment in its favor of 14 $2,295,846.18, Plaintiff requests an order requiring Aram Doodikian to appear as a witness to 15 answer questions under oath regarding the assets of Defendant/Judgment Debtor Steven R. 16 Rosenburg. 17 Pursuant to Federal Rule of Civil Procedure 69, “[i]n aid of judgment or execution, the 18 judgment creditor or a successor in interest whose interest appears of record may obtain discovery 19 from any person–including the judgment debtor–as provided in these rules or by the procedure of 20 the state where the court is located.” Nevada law, in turn, provides: 21 22 A judgment creditor, at any time after the judgment is entered, is entitled to an order from the court requiring the judgment debtor to appear and answer upon oath or affirmation concerning his or her property, before: 23 (a) The judge or a master appointed by the judge; or 24 (b) An attorney representing the judgment creditor, 25 26 at a time and place specified in the order. No judgment debtor may be required to appear outside the county in which the judgment debtor resides. 27 Nevada Revised Statutes (“NRS”) 21.270(1). In aid of obtaining information about a judgment 28 debtor’s assets “[w]itnesses may be required to appear and testify before the judge or master conducting any proceeding under this chapter in the same manner as upon the trial of an issue.” 1 See NRS 21.310. The undersigned has reviewed Plaintiff’s request and finds there is good cause 2 for the requested relief. Accordingly, 3 4 5 IT IS HEREBY ORDERED that Plaintiff’s Ex Parte Application for Examination of Judgment Debtor Witness (#16) is granted. IT IS FURTHER ORDERED that Aram Doodikian appear before the undersigned 6 Magistrate Judge in Courtroom 3C at the Lloyd D. George United States Courthouse, 333 Las 7 Boulevard South, Las Vegas Nevada at 9:00 a.m. on Wednesday, October 10, 2012 to then and 8 there answer questions under oath regarding the assets of Defendant/Judgment Debtor Steven R. 9 Rosenburg and for such other proceedings as there may occur consistent with proceedings 10 supplementary to execution. 11 IT IS FURTHER ORDERED that a copy of this order shall be personally served upon the 12 witness at least fourteen (14) calendar days before the hearing scheduled herein. Failure to appear 13 may subject the witness to punishment for contempt of court. 14 DATED this 30th day of August, 2012. 15 16 17 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

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