Boland, et al v. Masonry Construction, Inc.

Filing 9

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 8 Motion for Judgment Debtor to Appear on Assets (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
JAMES BOLAND, et al.,
Plaintiffs,
vs.

Case No.15-MC-7-CVE

MASONRY CONSTRUCTION, INC.,
Defendants.
OPINION AND ORDER
Plaintiffs’ Application for Order Requiring Judgment Debtor to Appear and Answer
as to Assets, [Dkt. 8], is before the court.
Plaintiffs’ Application recites that judgment was obtained in the “above-captioned
case.” Judgment has not been obtained in the captioned case. Rather, judgment from
another district was registered in this case. [Dkt. 1]. Further, the Application recites that
Defendant resides in Kingfisher or Logan County, State of Oklahoma. That address is not
within the Northern District of Oklahoma. There is no information within the Application or
otherwise within the other items filed in this case to indicate that this district is the proper
venue for the requested hearing. No authority been cited to establish the propriety of
issuing an order for the requested hearing in light of Defendant’s residence.
Plaintiffs’ Application for Order Requiring Judgment Debtor to Appear and Answer
as to Assets, [Dkt. 8], is DENIED without prejudice to refiling upon correction of the
identified deficiencies.
SO ORDERED this 29th of September, 2015.