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Dustin K. Adler, An Individual v. Relynet

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 4, 2011

DUSTIN K. ADLER, AN INDIVIDUAL,
PLAINTIFF,
v.
RELYNET, INC., A CALIFORNIA CORPORATION, MICHAEL DICARLO, AN INDIVIDUAL,
INTERNET BRAND, INC., A DELAWARE CORPORATION, INTERMEDIA OUTDOORS, INC., A DELAWARE CORPORATION,
VORTEX MEDIA GROUP, INC., A DELAWARE CORPORATION, AND DOES 1 THROUGH 50, INCLUSIVELY, DEFENDANTS.
RELYNET, INC., A CALIFORNIA CORPORATION, MICHAEL DICARLO, AN INDIVIDUAL, AND DOES 1 THROUGH 50, INCLUSIVELY, COUNTERCLAIMANTS,
v.
DUSTIN K. ADLER, AN INDIVIDUAL,
COUNTERDEFENDANT.

ORDER GRANTING INTERMEDIA OUTDOORS, INC.'S MOTION FOR AN ASSIGNMENT ORDER

This matter is before the Court on Defendant Intermedia Outdoors, Inc.'s ("Intermedia") Motion for an Assignment Order (Doc. #327). Plaintiff Dustin K. Adler ("Adler") does not oppose the motion (See Statement of Non-Opposition, Doc. #335).*fn1

Intermedia also requests judicial notice (Doc. #330) of a number of 3 documents from the court's docket and from Defendant RelyNet, 4 Inc.'s ("RelyNet") Chapter 7 Bankruptcy filing. The Court has 5 taken judicial notice of these documents as requested. 6

On March 11, 2010 this Court granted Intermedia's motion for attorneys' fees and costs, in the amount of $154,146.49, against Adler. Adler has not paid any part of the fee award to date.

Including all post judgment interests and costs, Intermedia is currently owed a total of $154,385.84. Adler is awaiting payment of a judgment of approximately $1,200,998.00 ("the Judgment") from Defendants RelyNet and Michael DiCarlo. RelyNet filed for Chapter 7 Bankruptcy, and Adler has filed a proof of claim with the Bankruptcy Court. The Proof of Claim indicates that Adler is owed a total payment in the amount of $1,611,499.94 from RelyNet, including the Judgment, attorneys' fees, costs and interest.

Pursuant to Federal Rules of Civil Procedure 69, post-judgment enforcement proceedings in this court must comply with California law. Credit Suisse v. U.S. Dist. Court for Cent. Dist. Of California, 130 F.3d 1342, 1344 (9th Cir. 1997). California Code of Civil Procedure § 708.510 provides that an assignment order may be obtained by a creditor to obtain all or part of a right to payment due, or to become due, whether or not such right is conditioned upon future developments. Assignable payment rights include judgments. C.C.P. § 708.510; Comment to C.C.P. § 708.510.

Intermedia seeks an assignment order in the amount of $154,385.84. This amount reflects the currently owed principal of 2 $154,146.49, plus post judgment interest and costs. Under Fed. R. 3 Civ. P. 69 and C.C.P. § 708.510, the amount may properly be 4 assigned to Intermedia, from the Judgment that is due to Adler.

ORDER

Intermedia's Motion for an Assignment Order is hereby GRANTED.

The amount of $154,385.84 is assigned to Intermedia from the Judgment that is due to Adler.

IT IS SO ORDERED.


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