{ Converted to text using OCR. The PDF is the controlling document. JM}
REC’D & FILED
2014 AUG 18 AM 8:22
ALAN GLOVER CLERK
BY DEPUTY __________
Case No.: 09 OC 00579 1B
Dept. No.: 1
IN THE FIRST JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA
IN AND FOR CARSON CITY
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JED MARGOLIN, and individual, Plaintiff,
V.
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 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.
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ORDER RE: WRIT OF EXECUTION |
This matter comes before the Court on a Motion for Writ of Execution filed on June 18, 2014; an Opposition thereto was filed on July 7, 2014; and a Reply in Support of Motion for Writ of Execution was filed on July 17, 2014. Pursuant to an Order of this Court, a Sur-Reply to Reply in Support of Motion for Writ of Execution was filed on August 6, 2014. A Request for Submission was filed on August 8, 2014.
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A review of this matter reflects that this Court can and should issue a Writ of Execution on the Default Judgment issued on June 24, 2013 and Order on Motion for Order Allowing Cost and Necessary Disbursements et al., dated May 19, 2014. There is no automatic stay with regard to enforcement of judgments. The way to stop enforcement of a judgment is to post a supersedeas bond and request a stay in accordance with NRCP 62(d). This Court is not divested with jurisdiction to issue a Writ of Execution. Mack-Manley v. Manley, 122 Nev. 849, 855, 138 P.3d 525 (2006) and Foster v. Dingwall, 126 Nev. Ad. Op. 5, 228 P.3d 453 (2010).
Therefore, good cause appearing,
IT IS HEREBY ORDERED that the Clerk at this time will issue a Writ of Execution upon the Default Judgment entered on June 24, 2013 and Order issued on May 19, 2014.
IT IS SO ORDERED.
Dated this 18th day of August, 2014.
____________________
JAMES T. RUSSEL
DISTRICT JUDGE
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CERTIFICATE OF MAILING
I hereby certify that on the 18th day of August, 2014, I served a copy of the foregoing by placing the foregoing in the United States Mail, postage prepaid, addressed as follows”
Matthew D. Francis, Esq.
Adam P. McMillen, Esq.
Watson Rounds
5371 Kietzke Lane
Reno, NV 89511
Jason D. Woodbury, Esq.
Kaempfer Crowell
510 West Fourth Street
Carson City, NV 89703
___________________
Samantha Peiffer,
Law Clerk, Dept. 1
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