Feldman

United States v. Feldman

Good Law

324 F. Supp. 2d 1112·2004 WL 1447415·2004 U.S. Dist. LEXIS 17344

United States District Court, Central District of CaliforniaJune 16, 2004CV 04-2359-MMM(RCx)California3,367 words

Opinion

Chapman, J.

PROCEEDINGS: ORDER DENYING DEFENDANT’S MOTION TO DISMISS JUDGMENT DEBTOR EXAMINATION, FOR PROTECTIVE ORDER, OR FOR CONTINUANCE OF JUDGMENT DEBTOR EXAMINATION UNTIL AFTER DEFENDANT’S RELEASE FROM PRISON

On April 6, 2004, upon application of the United States (“the Government”), defendant Todd Allen Feldman was ordered to appear on May 27, 2004, for a judgment debtor examination under Rule 69 and California Code of Civil Procedure (“C.C.P.”) § 708.110. On May 24, 2004, defendant filed an ex parte application for an order to dismiss the action, for a protective order or, in the alternative, for a continuance of the judgment debtor examination. Defendant did not appear on May 27, 2004, and the Court converted sua sponte the ex parte application into a motion, ordered the Government to file an opposition and defendant to file a reply, and set a hearing for June 16, 2004. The Government’s opposition was filed on June 2, 2004, and defendant filed his reply on June 8, 2004.

Oral argument was held before Magistrate Judge Rosalyn M. Chapman on June 16, 2004. Brent Whittlesey, Assistant United States Attorney, appeared on behalf of the Government and Michael J. Partos, attorney-at-law with…

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