RES-NV CHLV, LLC v. Shull

Filing 35

ORDER Granting Plaintiff's 34 Application for Judgment Debtor Examination. IT IS FURTHER ORDERED that Judgment Debtor, Harry H. Shull, shall appear and be examined under oath on 06/28/2016, at 10:00 a.m., at the offices of Snell & Wilmer L.L. P. Judgment Debtor Harry H. Shull, shall refrain from effectuating any transfer of or interference with any of his property that is not exempt from execution. A copy of this order shall be personally served upon the Judgment Debtor at least fourteen (14) calendar days before the judgment debtor examination scheduled herein and proof of service filed with the Court. Failure to appear may subject the Judgment Debtor to punishment for contempt of court. Signed by Magistrate Judge Carl W. Hoffman on 04/15/2016. (Copies have been distributed pursuant to the NEF - NEV)

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Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 7 of 9 1 2 J 4 5 6 Michael A. Gehret, Esq. Nevada Bar No. 9307 Charles E. Gianelloni, Esq. Nevada Bar No. 12747 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone (7 02) 7 84-5200 Facsimile : (7 02) 7 84-5252 Email : r,ngehret@swlaw. com c gianelloni@ swlaw. com At t or n ey s for P I ai nt iff 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA l0 o Z .Þ r H 11 t2 õt :.9 Él ?s 5 I .È<^ 13 FlHsãã RES-NV CHLV, LLC, a Florida limited liability company, t4 .- ¡ daox J €î;Bãã ã v No. 2: I 1 -cv-00593-PMP-CWH ORDER GRANTING APPLICATION FOR JUDGMENT DEBTOR EXAMINATION OF HARRY H. SHULL =Ø;ó I =!B= ål Plaintiff, Case lz 15 HARRY H. SHULL, an individual, t6 Defendant. o T g Date of Exam: June 28,2016 Time of Exam: 10:00 a.m. t7 This matter is before the Court on Plaintiffs sixth Ex Parte Application for Judgment 18 t9 20 2l 22 Debtor Examination filed April 14, 2016. Having been unable to timely serve the Court's prior order authorizing 25 26 27 judgment debtor examination to occur on April 22,2016, Plaintiff filed a sixth application requesting a judgment debtor examination on June 28,2016. The Court has reviewed the application and finds there is good cause for the request. Having secured 23 24 a a judgment in its favor for $453,251.94, together with interest accruing at the statutory late from date of entry of judgment, Plaintiff requests an order requiring judgment debtor Hany Shull ("Judgment Debtor") to (1) appear and be examined under oath regarding all personal property and real property assets, (2) to bring any and all documents showing or referring to his assets and liabilities or transfers of assets made within the last five (5) years, and 28 23856007 Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 8 of 9 1 2 (3) to refrain from effectuating any transfer of or interference with any of his property that is not exempt from execution. J Federal Rule of Civil Procedure 69 provides that the procedure regarding "proceedings 4 supplementary and in aid of judgment or execution must accord with the procedure of the state 5 6 7 where the court is located," Federal Rule of Civil Procedure 69(a)(1). Rule 69 further provides that "[i]n aid of judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person 8 9 t0 l1 : d õt Él ! :.9 ?s I2 13 Ëlp?s¡ t4 : ìq33 õl-Tg 15 ^..¡ i õËlF I ãt $r - as provided including the judgment debtor in these rules or by the procedure of the state where the court is located." Fed. R. Civ. P. 69(a)(2), The scope of post-judgment discovery is broad and the judgment-creditor is permitted to make a broad inquiry to discover any hidden or concealed assets of a judgment- debtor. I't Technologt, LLC v. Rational Enterprises, LTDA, 2007 WL 5596692 *4 (D.Nev.) (citation omitted). Rule 69 permits a judgment creditor to obtain post-judgment discovery pursuant to the procedures set forth in the Federal Rules of Civil Procedure or pursuant to state law. Id. UnderNevada law: 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 t6 o g - l7 property, before: 18 (a) The judge or a master appointed by the judge; or t9 (b) An attorney representing the judgment creditor, 20 at a time and place specifred in the order. No judgment debtor may be required to appear outside the county in which the judgment 2l 22 debtor resides. Nevada Revised Statutes ("NRS") 21.270(l). 23 24 25 26 The Court agrees that this sixth requested judgment debtor examination is authorized under the aforementioned several categories of law. As before, the undersigned expresses no view regarding the documents Plaintiff requests that the Judgment Debtor bring examination. 27 Based on the foregoing and good cause appearing therefor, 28 -223856007 to the Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 9 of 9 1 2 IT IS HEREBY ORDERED that Plaintiffs Application for Judgment Debtor Examination is GRANTED. J IT IS F'URTHER ORDERED that Judgment Debtor, Harry H. Shull, shall appear and be examined under oath on June 28, 2016, at 10:00 a.m., at the offices of Snell & Wilmer 4 5 6 7 I L.L.P., 3883 Howard Hughes Parkway, Suite 1100, Las Vegas, Nevada 89169, to then and there answer questions under oath regarding his assets and his means of paying the judgment in this matter and for such other proceedings as there may occur consistent with proceedings supplementary to execution. 9 IT IS FURTHER ORDERED that Judgment, 10 o o = H t< 0) l-i I .-9 l3e I n9xs I (J:<N Þ ;¡ ñä21 *øäS € 11 effectuating any transfer t2 Hany H. Shull, shall refrain from of or interference with any of his property that is not exempt from execution. IT IS FURTHER ORDERED that a copy of this order shall be personally served 13 upon T4 the Judgment Debtor at least fourteen (14) calendar days before the judgment debtor examination I 33é3 15 scheduled herein and proof of service filed with the l3i t6 Judgment Debtor to punishment for contempt of court. J 9dÂr C) É (n I 13 o Ë t7 DATED: 18 April 15 Court. Failure to appear may subject 2016 I9 MAGISTRATE JUDGE LINITED STATES DISTRICT JUDGE 20 2t 22 23 24 25 26 27 28 -323856007 the

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