{ Converted to text using OCR. The PDF is the controlling document. The Exhibits are in the PDF. JM}
REC’D & FILED
2013 DEC 11 PM 3:12
ALAN GLOVER CLERK
BT DEPUTY __________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
In
The First Judicial District Court of the State of
In
and for
|
JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
|
Case No.: 09OC00579 1B Dept. No.: 1
MOTION FOR JUDGMENT DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS |
PLEASE TAKE NOTICE that Judgment Creditor Jed Margolin by and through his attorneys, brings this motion seeking this Court, in light of the civil judgment entered by this Court on June 24, 2013 against Judgment Debtor Reza Zandian ("Zandian") and pursuant to NRCP 69 and NRS 21.270, issue an order requiring:
1. That Zandian appear before the Court and answer upon oath or affirmation concerning Zandian's property at the Judgment Debtor Examination under the authority of a Judge of the Court; and
-1-
2. That Zandian produce to Mr. Margolin's counsel at least one week prior to the Judgment Debtor Examination, so that counsel may effectively review and question Zandian regarding the documents, all information and documents identifying, related to, and/or comprising the following:
a. Any and all information and documentation identifying real property, computers, cell phones, intellectual property, vehicles, brokerage accounts, bank deposits and all other assets that may be available for execution to satisfy the Judgment entered by the Court, including, but not limited to, information relating to financial accounts, monies owed to Zandian by others, etc.
b. Documents sufficient to show Zandian's balance sheet for each month for the years 2007 to the present.
c. Documents sufficient to show Zandian's gross revenues for each month for the years 2007. to the present.
d. Documents sufficient to show Zandian's costs and expenses for each month for the years 2007 to the present.
e. All tax returns filed by Zandian with any governmental body for the years 2007 to the present, including all schedules, W-2's and 1099's.
f. All of Zandian's accounting records, computerized electronic and/or printed on paper format for the years 2007 to the present,
g. All of Zandian's statements, cancelled checks and related banking documents for any bank, brokerage or other financial account at least partially controlled by Zandian, or recorded in the name of Zandian or for Zandian's benefit, for the years 2007 to the present.
h. All of Zandian's checkbooks, checkbook stubs and checkbook entries for the years 2007 to the present.
i. Documents sufficient to show the means and source of payment of Zandian's current residence and any other residence for the years 2007 to the present.
-2-
j. Documents sufficient to show the means and source of payment of Zandian's counsel in this matter.
k. Any settlement agreements by which another party has agreed to pay money to Zandian.
This application is made and based upon the points and authorities, the McMillen Declaration and any Exhibits attached hereto.
Dated this 11th day of December, 2013.
Respectfully submitted,
BY: _____________________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
-3-
POINTS AND AUTHORITIES
NRCP 69 provides that "[i]n aid of the judgment or execution, the judgment creditor... may obtain discovery from ... the judgment debtor, in the manner provided in these rules." NRCP 69(a).
A. Mr. Margolin is Entitled to a Judgment Debtor Examination
Pursuant to NRCP 62, proceedings to enforce a money judgment may be initiated once 10 days have passed since the entry of judgment, unless the judgment debtor has obtained a stay by posting a supersedeas bond. NRCP 62. On June 27, 2013, written notice of entry of the judgment was served. More than 10 days have passed, and Zandian has not paid any part of the $1,495,775.74 judgment owed and has neither sought nor obtained a stay.
To the contrary, Zandian has avoided any contact with Mr. Margolin and his counsel. In fact, Zandian's new counsel recently sent Mr. Margolin's counsel a letter stating that Zandian intends to move this Court to set aside the judgment pursuant to NRCP 60. See Exhibit 1. Zandian's counsel told Mr. Margolin's counsel on December 6, 2013, that the basis for the NRCP 60 motion is a "failure to properly serve" as Zandian "has been a resident of France for the last 6 to 7 years" and we did not serve him there.
However, it is clear that in John
Peter Lee's motion to withdraw, he provided counsel and the Court with
Zandian's last known address as
The notice of entry of default judgment was served to the following addresses:
Reza Zandian
-4-
Reza Zandian
Alborz Zandian
9 Almanzora
Reza Zandian
Optima
Technology Corp. A
Optima
Technology Corp. A
Optima
Technology Corp. A
Optima
Technology Corp. A
See Notice of Entry of Default Judgment, filed 6/27/13.
There is no doubt Zandian was properly served throughout this matter and that execution of the judgment should no longer be delayed by Zandian's obvious attempts to avoid paying the judgment. Now that Zandian has resurfaced and obtained counsel to represent him in this matter again, it is the best time to order the requested debtor's examination and document production.
Under
-5-
or master appointed by the judge or 2) an attorney representing the judgment creditor. NRS 21.270(l).
B. The Debtor Examination Should Proceed Before the Judge
A Judgment Debtor Examination is necessary to enable Mr. Margolin to discover any and all real and personal property of Zandian and facts relating thereto, which may assist in the potential execution to satisfy the judgment. NRS 21.270 entitles Mr. Margolin to an examination before either the Court or an attorney.
Given Zandian's evasive nature
and unwillingness to appear and communicate regarding this matter, even though
we know he is receiving notices regarding this matter, Mr. Margolin
respectfully requests that the examination take place before the Court in
Also, in an unrelated lawsuit,
Zandian was deposed on June 23, 2010, and in that deposition he refused to
provide his address or his driver's license for identification. See Exhibit 5.
He was only willing to state that he was a resident of the State of
This deposition testimony
clearly contradicts Zandian's current counsel inasmuch as Zandian's current
counsel claims Zandian has resided in
-6-
The heightened risk that Zandian's conduct in a private examination would parallel his past misconduct merits the need to conduct this examination before a judge.
C. Zandian Should Be Ordered to Produce Documents Necessary to Identify Assets
Mr. Margolin also requests an order requiring the production of relevant documents to enable him to pursue execution of his judgment. "The scope of post-judgment discovery is broad, 'the judgment creditor must be given the freedom to make a broad inquiry to discover hidden or concealed assets of the judgment debtor." British Intern, Ins. Co., Ltd. v. Seguros La Republica, S.A., 200 F.R.D. 586, 588 (W.D.Tex. 2000) (quoting Caisson Corp. v. County West Building Corp., 62 F.R.D. 331, 334 (E.D.Pa. 1974)).
Mr. Margolin is entitled to discover where Zandian's funds are located and whether any transfers of those funds were fraudulent pursuant to NRS 112.180. Post-judgment discovery can be used to gain information relating to, among other things, the "existence or transfer of the judgment debtor's assets." British Intern., supra, 200 F.R.D. at 588 (emphasis added). Mr. Margolin is also entitled to financial statements, bank statements, investment account statements, and tax returns. The Edwards Andrews Group, Inc. v. Addressing Servs. Co., Inc., No. 04 Civ. 6731, 2006 WL 1214984 at * 1, 2006 U.S. Dist. LEXIS 28967 at *2 (S.D.N.Y. May 4, 2006); Libaire v. Kaplan, 760 F.Supp.2d 288 (E.D.N.Y. 2011); Order Granting Debtors Examination, American Int'l Recovery v. Costa, Case No. 2:07-cv-00123- JCM-PAL (Dkt. 60) (D. Nev. Oct. 13, 2011) (listing documents to be produced).
D. Conclusion
For the reasons stated above, pursuant to NRCP 69 and NRS 21.270, Mr. Margolin respectfully requests that this Court issue an Order Scheduling a Judgment Debtor Examination to take place before a Judge of this Court and order Zandian to produce the documents listed above.
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.
-7-
DECLARATION
The undersigned also declares under penalty of perjury that the foregoing is true and accurate to the best of my knowledge.
Dated this 11th day of December, 2013.
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
BY: ______________________
-8-
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of Watson Rounds, and that on this date, I deposited for mailing, in a sealed envelope, with first-class postage prepaid, a true and correct copy of the foregoing document, MOTION FOR JUDGMENT DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS, addressed as follows:
Reza Zandian
Reza Zandian
Alborz Zandian
9 Almanzora
Reza Zandian
Optima
Technology Corp. A
Optima
Technology Corp. A
Optima
Technology Corp. A
Optima
Technology Corp. A
Johnathon Fayeghi, Esq.
Hawkins Melendrez
Counsel for Reza Zandian
Dated: December 11, 2013
-9-
INDEX OF EXHIBITS
|
Exhibit No. |
Title |
Number of Pages |
|
|
|
|
|
1 |
Letter dated December 6, 2013, addressed to Adam P. McMillen, Esq. from Geoffrey W. Hawkins, Esq. of the law firm of Hawkins Melendrez |
2 |
|
|
|
|
|
2 |
Temporary
Easement Deed, dated January 10, 2012, recorded as Document No. 489610, |
7 |
|
|
|
|
|
3 |
Letter dated December 5, 2007 from Optima Technology Corporation to United States Patent Office Patent Assignment Department |
1 |
|
|
|
|
|
4 |
Settlement and Mutual Release Agreement, dated June 17, 2008, between Reza Zandian, Fred Sadri, Ray Koroghli, et al. |
15 |
|
|
|
|
|
5 |
Transcript of the Deposition of Reza Zandian, dated June 23, 2010, in connection with a matter entitled, "Fronteer Development v. Big Spring Ranch, et al."
|
5 |
-10-