Securities and Exchange Commission v. Prime Star Group, Inc. et al

Filing 91

ORDER that 90 Motion for Judgment Debtor Exam is granted. Judgment Debtor Exam set for 5/9/2018 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.. FURTHER ORDERED that a copy of this order shall be served upon Defendant at least 14 calendar days before the judgment debtor examination. Signed by Magistrate Judge George Foley, Jr on 4/5/2018. (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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***

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UNITED STATES SECURITIES
EXCHANGE COMMISSION,

AND

Case No. 2:12-cv-00371-APG-GWF

Plaintiff,

ORDER

v.
PRIME STAR GROUP, et al.,

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Defendants.
This matter is before the Court on Plaintiff’s Motion to Compel (ECF No. 87) and Motion

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for Judgment Debtor Exam (ECF No. 90), filed on March 26, 2018.

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Memorandum of Points and Authorities (ECF No. 88) on March 26, 2018.

Plaintiff filed its

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Plaintiff requests that Defendant Kevin Carson be ordered to appear for a judgment debtor

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examination before a United States Magistrate Judge at a time and place set by the Court pursuant

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to Nevada Revised Statute § 21.270. On May 15, 2013, the Court entered judgment against

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Defendant Carson, and on May 19, 2014, the Court ordered Defendant to pay $131,121.02 in

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disgorgement and prejudgment interest and a civil penalty in the amount of $113,866. See ECF

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Nos. 80, 81. Nevada Revised Statute § 21.270 provides that the Court shall, after the entering of

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the judgment, order the judgment debtor to appear for the examination.

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With good cause appearing, the Court orders Defendant Carson to appear for a judgment

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debtor examination. Plaintiff has not made an adequate showing that there is a need for a United

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States Magistrate Judge to preside over the judgment debtor examination. Defendant Carson shall

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appear before this court on May 9, 2018 at 9:30 am in Courtroom 3A and shall be sworn to tell

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the truth and give testimony at the judgment debtor examination. Subject to other arrangements

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that the parties may agree upon, the judgment debtor examination will take place at the offices of
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Plaintiff’s counsel located in Las Vegas, Nevada immediately after appearing before this court. If

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issues arise that require a ruling by the Court, the Court will make itself available to hear the

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requests either telephonically or through a hearing.

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Plaintiff further requests that Defendant Carson respond to Plaintiff’s post-judgment

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discovery requests in the form of interrogatories and document requests. Plaintiff represents that

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the parties participated in a meet and confer conference regarding the discovery requests and

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agreed to grant an extension of time for Defendant to respond. See ECF No. 88, pg 3. Plaintiff

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further represents that Defendant Carson failed to respond to the discovery requests. Id. The Court

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will refrain from ruling on Plaintiff’s motion to compel to allow Defendant an opportunity to file

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an opposition. If the parties cannot reach an agreement regarding the discovery requests prior to

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the judgment debtor examination, the Court will set a hearing on the motion. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Judgment Debtor Exam (ECF No.

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90) is granted. Defendant Carson shall appear before this Court on May 9, 2018 at 9:30 am in

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Courtroom 3A and shall be sworn to tell the truth and give testimony at the judgment debtor

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examination. Subject to other arrangements that the parties may agree upon, the judgment debtor

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examination will take place at the offices of Plaintiff’s counsel located in Las Vegas, Nevada

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immediately after appearing before this court

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IT IS FURTHER ORDERED that a copy of this order shall be served upon
Defendant at least 14 calendar days before the judgment debtor examination.
Dated this 5th day of April, 2018.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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