Parrillo v. Ranes et al

Filing 50

MEMORANDUM AND ORDER 44 Motion for Judgment Debtor Exam. So Ordered by Magistrate Judge Lincoln D. Almond on 4/22/2014. (Noel, Jeannine)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

ROBERT PARRILLO

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v.
DAVID RANES
BENJAMIN RANES

C.A. No. 12-696ML

MEMORANDUM AND ORDER

Pending before me for determination (28 U.S.C. § 636(b)(1)(A); LR Cv 72(a)) is Plaintiff’s
Motion for Judgment Debtor Examination. (Document No. 44). Defendant David Ranes objects.
(Document No. 47). After reviewing the parties’ Memoranda and considering the arguments of
counsel and the applicable law, Plaintiff’s Motion is resolved as follows:
A.

Benjamin Ranes

In his Motion, Plaintiff requested that the Court order Benjamin Ranes to “appear and submit
to a Judgment Debtor Examination before this Court.” (Document No. 44 at p. 1). Benjamin Ranes
was dismissed from this case due to lack of personal jurisdiction on January 29, 2013. (Document
No. 16). Under Rule 69, Fed. R. Civ. P., a judgment creditor is entitled to “liberal discovery” from
“any person...as provided in these rules or by the procedure of the state where the court is located.”
See ClearOne Commc’n Inc. v. Chiang, 276 F.R.D. 402, 404 (D. Mass. 2011). The ClearOne Court
noted that, “[t]he presumption is in favor of ‘full discovery of any matters arguably related to the
creditor’s efforts to trace the debtor’s assets and otherwise to enforce its judgment...’” Id. (citation
omitted). Thus, even though Plaintiff is arguably entitled to seek discovery from non-party
Benjamin Ranes, the Court does not have in personam jurisdiction over him and is not authorized

to order him to appear in Rhode Island. Therefore, the Motion for Judgment Debtor Examination
is DENIED as to Benjamin Ranes.
B.

David Ranes

In his Objection, David Ranes argues that in lieu of requiring him to appear before the Court
for a Judgment Debtor Examination, the Court should order that Mr. Ranes’ testimony be taken in
the form of a deposition. While the Court concurs with Mr. Ranes that conducting the judgment
debtor examination in open court is not the most efficient use of the Court’s time, the Court does so
with several important caveats. First, as made clear in the Federal Rules, Plaintiff is entitled to
conduct his discovery of Mr. Ranes’ assets using whatever combination of discovery methods
Plaintiff deems most efficient. Plaintiff is not limited solely to conducting a deposition, as suggested
by Mr. Ranes. Second, if Plaintiff decides to depose Mr. Ranes, the Court orders that the deposition
be held in the District of Rhode Island at the offices of Plaintiff’s attorney at a mutually agreeable
date and time within twenty-one days of the date of this Order. Should Mr. Ranes fail to comply
with the parameters set forth in this Order, Plaintiff may renew his request for an in-Court Judgment
Debtor Examination.
SO ORDERED

/s/ Lincoln D. Almond
LINCOLN D. ALMOND
United States Magistrate Judge
April 22, 2014

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