{ Converted to text using OCR. The PDF is the controlling document. The Exhibits are in the PDF. JM}
REC'D & FILED
2015 JUN 10 PM 3:53
CLERK
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
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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.
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Case No.: 09OC00579 1B Dept. No.: 1
MOTION FOR JUDGMENT DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS
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PLEASE TAKE NOTICE that Judgment Creditor Jed Margolin ("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, to issue the following orders requiring:
1. Within 30 days of any such order, that Zandian produce to Margolin's counsel, so that counsel may effectively review and question Zandian regarding the documents at a debtor's examination, all information and documents identifying, related to, and/or comprising the following:
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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.
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.
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2. Within 90 days of any such order, that Zandian appear and answer upon oath or affirmation concerning Zandian's property at a Judgment Debtor Examination, after providing the above documents to Margolin's counsel.
This application is made and based upon the following points and authorities.
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).[1]
A. 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(a). On June 27, 2013, written notice of entry of the judgment was served. More than 10 days have passed since that date, the judgment is still outstanding and Zandian has not posted a supersedeas bond.
Under
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[1] See also Fishman
v.
Despite the fact that the appeal to this court has removed from the district court's jurisdiction the determination of any matters involved in the appeal, it is nonetheless clear that the appeal to this court, without supersedeas, cannot of itself deprive the respondent judgment creditor of the right to execute upon its judgment or of its right to invoke the aid, in the district court, of the provisions of Rule 69 with reference to execution and proceedings supplementary to and in aid of the judgment and under the provisions of Rule 37(a) and (b) with reference to discovery. For such purposes the district court, under the circumstances recited, retains jurisdiction to make such orders as may be necessary and proper under the rules.
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B. The Debtor Examination Should Proceed
A Judgment Debtor Examination is necessary to enable Margolin to discover any and all real and personal property of Zandian and facts relating thereto, which will assist in the execution to satisfy the judgment. NRS 21.270(1) entitles Margolin to an order requiring Zandian to appear before a judge or a master appointed by the judge, or an attorney. Margolin requests that the examination take place before Honorable James T. Russell, District Court Judge at an agreed-upon date and time.
C. The Production of Documents Necessary to Identify Assets
Margolin also requests an order requiring the production of the above referenced documents within 30 calendar days of any such order. "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)).
Margolin is entitled to discover where Zandian's assets are located and whether any transfers of those assets, if any, 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). Margolin is also entitled to discover Zandian's 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 Intl 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, Margolin respectfully requests this Court grant this Motion and issue the proposed Order attached hereto as Exhibit 1.
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AFFIRMATION PURSUANT TO NRS 23 9B. 03 0
The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.
Dated this 10th day of June, 2015.
By: ______________________
Matthew D. Francis (6978)
Adam P. McMillen (10678)
WATSON ROUNDS
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
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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:
Severin A. Carlson
KAEMPFER CROWELL
Attorney for Reza Zandian
Dated: June 10, 2015
_____________________
Nancy Lindsley
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