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Entrepreneur Media, Inc. v. Smith

United States District Court, Ninth Circuit

November 26, 2013

ENTREPRENEUR MEDIA, INC., Plaintiff,
v.
SCOTT SMITH dba ENTREPRENEUR, Defendant.

ORDER

EDMUND F. BRENNAN, Magistrate Judge.

This matter was before the court on October 16, 2013, for hearing on plaintiff's motion to compel discovery. Attorney David Cook appeared on behalf of plaintiff. Attorney Eric Mewes appeared on behalf of defendant. After consideration of the moving and opposing papers and the arguments of counsel, the court ordered a judgment debtor exam to proceed and the motion to compel production of documents was submitted. For the reasons set forth below, plaintiff's motion to compel is granted in part and denied in part. Each party will bear their own expenses. See Fed.R.Civ.P. 37(a)(5).

Judgment creditor and plaintiff Entrepreneur Media, Inc. ("EMI") obtained a judgment for trademark infringement plus an award of attorneys' fees against judgment debtor and defendant Scott Smith in the Central District of California in July 2003. In May 2010, EMI registered the judgment in this district. ECF No. 2. A judgment debtor examination of defendant was set before the undersigned on July 24, 2013. ECF No. 145. The parties were unable to complete the examination on that date and therefore the matter was continued to August 28, 2013. Id. On August 26, 2013, plaintiff filed a motion to compel defendant to provide further responses to plaintiff's discovery requests, and noticed the motion for hearing on October 2, 2013. ECF No. 150. Both the judgment debtor examination and the hearing on plaintiff's motion were continued to October 16, 2013.

In proceedings in aid of a judgment or execution, a judgment creditor may obtain discovery from any person, including a judgment debtor, as provided in the Federal Rules of Civil Procedure or "by the procedure of the state where the court is located." Fed.R.Civ.P. 69(a)(2). Federal Rule of Civil Procedure 34 authorizes a party to request to inspect documents. Fed.R.Civ.P. 34. Additionally, California Code of Civil Procedure section 708.030(a) provides that a judgment creditor may propound inspection demands to a judgment debtor requesting information to aid in enforcement of the money judgment. Cal. Civ. Proc. Code § 708.030(a) ("The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made... if the demand requests information to aid in the enforcement of the money judgment."). "Judgment debtor" is defined as "the person against whom a judgment is rendered." Cal. Civ. Proc. Code § 680.250.

Under the Federal Rules of Civil Procedure, upon notice, a party may move for an order compelling discovery after a good faith attempt to confer with a party failing to make disclosure or discovery. Fed.R.Civ.P. 37(a)(1); see also E.D. Cal. L. R. 251. Additionally, California Code of Civil Procedure section 708.030(c) provides that when a responding party fails to answer a request for inspection, post-judgment discovery may be enforced in the same manner as discovery in a civil action. California Code of Civil Procedure section 2031.310 provides that the demanding party may move for an order compelling further response to a discovery demand where an objection to the demand is without merit. Cal. Civ. Proc. Code § 2031.310(a)(3).

On June 17, 2013, plaintiff served on defendant its request for production of documents made pursuant to California Code of Civil Procedure section 708.030. The request for production of documents requested plaintiff produce for inspection the following documents:

1. Any and all of YOUR federal and state income tax returns, commencing for the tax years of 2008 to date hereof.
2. Any and all statements of account(s) of any type or nature, of the account with PayPal, Bank of America, and/or any and all other financial institutions, or any one of the same, no matter where located, for the years of 2010 to date hereof ("TIME PERIOD"). The statement of account(s) shall include copies of all deposits and receipts, copies of all checks as paid therefrom, wire transfers, credit card entries, credit card disbursements, and all other items that appear thereunder.
3. Any and all books, letters, papers, files, or documents ("DOCUMENTS") which show any wire transfer, electronic distribution and/or transmission of funds, purchase of debit cards, acquisition and use of any online digital banking services, such as Bitcoin, and/or any and all other papers which show any account in YOUR name, and moreover, any account by any entity, including any digital entity, for the TIME PERIOD.
4. Any and all statements of account(s) by any and all credit card companies, including American Express, VISA, MasterCard, or any financial institution issuing any credit card, whether under the name of AmeriCard, or otherwise.
5. Any and all credit cards issued by Discover Card, or the like, for statements of the TIME PERIOD. These include the entire statements and copies of any ancillary transfers thereunder.
6. Any and all email communications of any type or nature, by and between YOURSELF and PayPal, Bank of America, or any other person holding an account for YOURSELF for the TIME PERIOD.
7. Any and all records of any type or nature, including email transmissions, by and between YOURSELF and GoDaddy. This includes, but is not limited to, all applications, any domain names, all contracts, agreements, and other memoranda, by and between YOURSELF and GoDaddy.
8. Any and all DOCUMENTS which show any written communications by and between YOURSELF and GoDaddy, and communications with third parties which provide for the ...

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