Rockin Artwork, LLC v. Bravado, Inc et al

Filing 150

ORDER granting Defendant Bravado International Group MerchandisingServices, Inc.'s 146 Motion for order allowing registration of judgment. The Court ORDERS that Defendants shall be allowed to register the Court's judgment in any other jurisdictions where Rockin's assets may be found, including California and Nevada. Signed by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 ROCKIN ARTWORK, LLC, 10 Plaintiff, 11 CASE NO. C15-1492-JCC ORDER v. 12 13 14 15 16 17 BRAVADO INTERNATIONAL GROUP MERCHANDISING SERVICES, INC., a California corporation; AUTHENTIC HENDRIX, LLC, a Washington limited liability company; and EXPERIENCE HENDRIX, a Washington limited liability company, Defendants. 18 19 This matter comes before the Court on the motion for registration of judgment by 20 Defendants Bravado International Group Merchandising Services, Inc., Authentic Hendrix, LLC, 1 21 and Experience Hendrix, LLC (Dkt. No. 146). Defendants seek to register the Court’s judgment 22 in other jurisdictions, in particular California and Nevada. (Id. at 1-2.) 23 Under Fed. R. Civ. P. 62(a), a district court judgment becomes final and enforceable 10 24 days after entry of judgment. At that time, the prevailing plaintiff is entitled to execute upon the 25 26 1 ORDER PAGE - 1 Authentic and Experience joined Bravado’s motion. (See Dkt. No. 147.) 1 judgment. Columbia Pictures Television, Inc. v. Krypton Columbia Pictures Television, Inc., 259 2 F.3d 1186, 1197 (9th Cir. 2001). “Pending appeal, however, the judgment is only enforceable in 3 the district in which it was rendered, unless the judgment is ‘registered’ in another district by 4 court order.” Id. (quoting 28 U.S.C. § 1963). Section 1963 provides: 5 6 7 8 9 A judgment in an action for the recovery of money or property entered in any . . . district court . . . may be registered by filing a certified copy of the judgment in any other district . . . when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown. . . . A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A likely absence of assets in this jurisdiction, coupled with a likelihood that there are recoverable 10 assets in another jurisdiction, is generally sufficient to show good cause for registration 11 elsewhere. Columbia Pictures, 259 F.3d at 1197-98. Other factors supporting good cause include 12 whether registering the judgment elsewhere may help prevent the debtor from transferring or 13 concealing property while the matter is on appeal, and whether the debtor posted a supersedeas 14 15 16 bond. See Chicago Downs Ass’n, Inc. v. Chase, 944 F.2d 366, 371-72 (7th Cir. 1991). Here, the evidence suggests that Rockin’s assets are likely held in California or Nevada. Rockin’s complaint states that it is a Nevada limited liability company “with its principle [sic] 17 place of business located in Nevada and California and with minimum business contacts in the 18 state of Washington.” (Dkt. No. 1 at 2.) Rockin’s business address is in Los Angeles. (Dkt. No. 19 75-6 at 2.) Rockin has two owners: Andrew Pitsicalis and Leon Hendrix. (Id. at 3.) Pitsicalis 20 resides in Los Angeles. (Dkt. No. 79-4 at 1.) Although Rockin’s counsel claimed Hendrix was a 21 resident of Washington, (Dkt. No. 63 at 3), Hendrix himself has never submitted any sworn 22 declaration. Rather, the available evidence suggests that Hendrix resides and has an office in Los 23 24 Angeles. (See Dkt. No. 146 at 2.) Rockin’s principal licensing agent appears to be located in California. (Dkt. No. 75 at 2.) Rockin’s accountant is located in California. (Dkt. No. 103 at 9; 25 Dkt. No. 111 at 1.). Defendants know of no evidence that Rockin has assets in Washington. 26 ORDER PAGE - 2 1 Defendants argue that, in light of this evidence, as well as the fact that Rockin has not 2 filed a supersedeas bond, registration of judgment in other jurisdictions is appropriate. (Dkt. No. 3 146 at 3.) Defendants fear that otherwise “Rockin will attempt to drain or hide its assets while 4 the appeal is pending.” (Id.) 5 Rockin failed to respond to Defendants’ motion. The Court considers this “as an 6 admission that the motion has merit.” W.D. Wash. Local Civ. R. 7(b)(2). 7 Accordingly, the Court finds that Defendants has made a sufficient showing that: 8 (1) Rockin is unlikely to have sufficient (if any) assets in Washington; 9 (2) Rockin’s assets are likely located in California and Nevada; and 10 (3) Rockin has not filed any supersedeas bond, and given its behavior in this case, there 11 is a danger that Rockin will transfer assets or otherwise try to render itself immune from 12 collection during the pendency of its appeal. 13 Defendants’ motion (Dkt. No. 146) is GRANTED. The Court ORDERS that Defendants 14 shall be allowed to register the Court’s judgment in any other jurisdictions where Rockin’s assets 15 may be found, including California and Nevada 16 DATED this 4th day of April 2017. 17 18 19 20 A 21 22 23 John C. Coughenour UNITED STATES DISTRICT JUDGE 24 25 26 ORDER PAGE - 3

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