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)
Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 7 of 9
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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
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF NEVADA
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RES-NV CHLV, LLC, a Florida limited
liability company,
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No.
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-cv-00593-PMP-CWH
ORDER GRANTING APPLICATION
FOR JUDGMENT DEBTOR
EXAMINATION OF HARRY H. SHULL
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Plaintiff,
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HARRY H. SHULL, an individual,
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Defendant.
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Date of Exam: June 28,2016
Time of Exam: 10:00 a.m.
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This matter is before the Court on Plaintiffs sixth Ex Parte Application for Judgment
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Debtor Examination filed April 14, 2016. Having been unable to timely serve the Court's prior
order authorizing
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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
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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
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23856007
Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 8 of 9
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(3) to refrain from effectuating any transfer of or interference with any of his property that is not
exempt from execution.
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Federal Rule of Civil Procedure 69 provides that the procedure regarding "proceedings
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supplementary and in aid of judgment or execution must accord with the procedure of the state
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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
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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
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property, before:
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(a) The judge or a master appointed by the judge; or
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(b) An attorney representing the judgment creditor,
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at a time and place specifred in the order. No judgment debtor may
be required to appear outside the county in which the judgment
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debtor resides.
Nevada Revised Statutes ("NRS") 21.270(l).
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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.
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Based on the foregoing and good cause appearing therefor,
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-223856007
to
the
Case 2:11-cv-00593-PMP-CWH Document 34 Filed 04/14/16 Page 9 of 9
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IT IS HEREBY ORDERED that Plaintiffs Application for Judgment Debtor
Examination is GRANTED.
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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
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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.
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IT IS FURTHER ORDERED that Judgment,
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