Renteria et al v. Canepa

Filing 23

ORDER denying without prejudice 19 Plaintiffs' Application for Order Setting Judgment Debtor Exam. 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’ Application for Order Setting Judgment
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Debtor Exam (#19), filed August 23, 2012. Having secured a judgment in its favor for
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approximately $999,000.00, Plaintiffs request an order requiring Defendant Canepa to appear for a
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judgment-debtor examination.
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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).
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The Court agrees that the requested judgment-debtor exam is authorized under the
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aforementioned law. However, Plaintiffs’ motion requests that the Judgment-Debtor appear for the
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examination on September 27, 2012. That date has passed. The undersigned expresses no view
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regarding the several categories of documents Plaintiffs request that the Judgment-Debtor bring
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with him to the examination. Plaintiffs are reminded that such requests must conform to the
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Federal Rule or “the procedure of the state where the court is located.” Fed. R. Civ. P. 69(a)(2).
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that Plaintiffs’ Application for Order Setting Judgment
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Debtor Exam (#19) is denied without prejudice.
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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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