Renteria et al v. Canepa

Filing 22

ORDER granting 16 Plaintiffs' Motion for Supplementary Proceedings. Signed by Magistrate Judge Carl W. Hoffman on 10/4/2012. (Copies have been distributed pursuant to the NEF - HJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OSCAR RENTERIA, et al.,

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Plaintiff,
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vs.
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EUGENE CLEVELAND CANEPA,
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Defendant.
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____________________________________)

Case No. 3:11-cv-00534-ECR-CWH
ORDER

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This matter is before the Court on Plaintiffs’ Motion for Supplementary Proceedings (#16),
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filed August 23, 2012. Having secured a judgment in its favor for approximately $999,000.00,
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Plaintiffs request an order seeking post-judgment discovery from several third parties who may
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have information regarding the assets of Defendant Canepa.
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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
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that “[i]n aid of judgment or execution, the judgment creditor or a successor in interest whose
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interest appears of record may obtain discovery from any person–including the judgment debtor–as
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provided in these rules or by the procedure of the state where the court is located.” Fed. R. Civ. P.
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69(a)(2). The scope of post-judgment discovery is broad and the judgment-creditor is permitted to
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make a broad inquiry to discover any hidden or concealed assets of a judgment-debtor. 1st

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Technology, LLC v. Rational Enterprises, LTDA, 2007 WL 5596692 *4 (D. Nev.) (citation
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omitted). Rule 69 permits a judgment creditor to obtain post-judgment discovery pursuant to the
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procedures set forth in the Federal Rules of Civil Procedure or pursuant to state law. Id. Under
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Nevada law:
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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

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oath or affirmation concerning his or her 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 specified in the order. No judgment debtor may be required to
appear outside the county in which the judgment debtor resides.

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Nevada Revised Statutes (“NRS”) 21.270(1). Further, in aid obtaining information about a
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judgment debtor’s assets “[w]itnesses may be required to appear and testify before the judge or
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master conducting any proceeding under this chapter in the same manner as upon the trial of an
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issue.” See NRS 21.310.
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Plaintiffs seek to conduct discovery, including the examination of: (1) the person most
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knowledgeable at FQ Men’s Club, Inc. (“Men’s Club”); (2) Jennifer Curtis or the current controller
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of the Men’s Club; and (3) Steve Coker or the current general manager of the Men’s Club.
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Plaintiffs also plan to obtain the financial records of the Men’s Club through a subpoena duces
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tecum. The Court finds there is good cause for the request as the sought after information is
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tailored toward discovery of the judgment-debtor’s assets. Accordingly,
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IT IS HEREBY ORDERED that Plaintiffs’ Motion for Supplementary Proceedings (#16)
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is granted.
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DATED this 4th day of October, 2012.
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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