Mente Group LLC v. Arnell Enterprises, Inc.

Summary

The United States District Court for the Northern District of California granted Mente Group LLC’s motion to compel Arnell Enterprises, Inc. to produce documents concerning its assets and potential asset transfers for post-judgment collection. The court ordered production responsive to specified requests by March 24, 2023, denied Mente’s request for attorneys’ fees without prejudice, and vacated the hearing.

Holdings

1. A judgment creditor may obtain discovery from the judgment debtor under Federal Rule of Civil Procedure 69(a)(2) to identify assets available to satisfy the judgment or concealed or fraudulently transferred assets. Because Arnell failed without justification to produce documents responsive to the specified requests, the motion to compel was granted.
2. Mente's request for attorneys' fees was denied without prejudice because it was inadequately briefed and the parties did not use the court's expedited discovery-dispute procedures.

Questions Presented

1. Whether a judgment creditor may compel the judgment debtor to produce documents concerning assets and asset transfers under Federal Rule of Civil Procedure 69(a)(2).
2. Whether Mente was entitled to attorneys' fees under Federal Rule of Civil Procedure 37(a)(5)(A) for bringing the motion to compel.

Disposition

other