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Erickson Prods. Inc. v. Kast

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Feb 9, 2018
Case No.5:13-cv-05472-HRL (N.D. Cal. Feb. 9, 2018)

Opinion

Case No.5:13-cv-05472-HRL

02-09-2018

ERICKSON PRODUCTIONS INC, et al., Plaintiffs, v. KRAIG R. KAST, et al., Defendant.


ORDER (1) GRANTING ERICKSON'S MOTION TO QUASH SUBPOENAS; AND (2) DENYING AS MOOT ERICKSON MOTION TO ADJOURN HEARING

Re: Dkt. Nos. 268, 290

Jim Erickson and Erickson Productions, Inc. (collectively, "Erickson") move to quash subpoenas Kast caused to be issued on JPMorgan Chase Bank, N.A., First National Bank of Northern California, and First American Title Insurance Company. Kast opposes the motion. The matter is deemed suitable for determination without oral argument, and the February 13, 2018 hearing is vacated. Civ. L.R. 7-1(b). Upon consideration of the moving and responding papers, the court rules as follows:

Erickson's request to continue the motion hearing is denied as moot. --------

The subpoenas at issue are procedurally improper. Fed. R. Civ. P. 45(a)(4), (b)(1). They also seek irrelevant information. Moreover, this case is now in a post-judgment phase in which Erickson seeks discovery in aid of judgment or execution under Fed. R. Civ. P. 69. "The discovery contemplated by rule 69(a) is a distinct phase of the litigation with a narrow focus. It is solely to enforce the judgment by way of the supplemental proceedings." Danning v. Lavine, 572 F.2d 1386, 1390 (9th Cir. 1978). "One purpose of such special discovery is to identify assets that can be used to satisfy a judgment." Ryan Investment Corp. v. Pedregal de Cabo San Lucas, No. 06-3219 JW (RS), 2009 WL 5114077, at *1 (N.D. Cal., Dec. 18, 2009) (citation omitted). "Another purpose is to discover concealed or fraudulently transferred assets." Id. (citation omitted). Kast fails to persuade that he is entitled to parallel post-judgment discovery. Accordingly, Erickson's motion to quash the subject subpoenas is granted.

SO ORDERED. Dated: February 9, 2018

/s/_________

HOWARD R. LLOYD

United States Magistrate Judge


Summaries of

Erickson Prods. Inc. v. Kast

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Feb 9, 2018
Case No.5:13-cv-05472-HRL (N.D. Cal. Feb. 9, 2018)
Case details for

Erickson Prods. Inc. v. Kast

Case Details

Full title:ERICKSON PRODUCTIONS INC, et al., Plaintiffs, v. KRAIG R. KAST, et al.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Feb 9, 2018

Citations

Case No.5:13-cv-05472-HRL (N.D. Cal. Feb. 9, 2018)