David C. Traub, Richard O. Cabael, William R. Sotka, Ern Andrew Gregorio, Gloria Giselda N. Arroyo, Winelda C. Ycoy, Simon U. Cabael, and Christopher R. Asis v. Stardust389, Inc.; Airlock389, Inc.; Christopher H. Cooper, and Patricia Ann Bellasalma

Summary

The United States District Court for the District of Delaware granted in part plaintiffs’ unopposed motion to compel post-judgment discovery from judgment debtors. The court ordered production of responsive documents and attendance at depositions, denied without prejudice reimbursement of deposition reporter costs, and warned that noncompliance could result in contempt or other sanctions.

Holdings

1. A judgment creditor may obtain discovery from a judgment debtor under Federal Rule of Civil Procedure 69(a)(2) and may move under Rule 37 to compel compliance with post-judgment discovery requests.
2. The plaintiffs were entitled to an order compelling the judgment debtors to produce all responsive documents and appear for oral depositions.
3. The plaintiffs' request for reimbursement of $900 in certified shorthand reporter costs was denied without prejudice.

Questions Presented

1. Whether judgment creditors may use post-judgment discovery under Federal Rule of Civil Procedure 69(a)(2) and compel compliance under Rule 37.
2. Whether the judgment debtors should be ordered to produce responsive documents and appear for depositions.
3. Whether plaintiffs were entitled to reimbursement of $900 in certified shorthand reporter costs resulting from the judgment debtors' deposition nonappearances.

Disposition

other