Zuccarini

Office Depot, Inc. v. Zuccarini

Good Law

488 F. Supp. 2d 920·2007 WL 1426075·2007 U.S. Dist. LEXIS 53121

United States District Court, Northern District of CaliforniaMay 15, 2007C 06-80356 SICalifornia425 words

Opinion

Illston, J.

ORDER DENYING EX PARTE APPLICATION FOR TURNOVER ORDER

Assignee DS Holdings, LLC (“DS Holdings”) has filed an ex parte application for a turnover order requiring third parties in control of internet domain names owned by judgment debtor John Zuccarini to transfer those domain names to DS holdings so that they may be auctioned off to satisfy the judgment. For the following reasons, the Court DENIES DS Holdings’ application.

BACKGROUND

On December 14, 2000, the District Court for the Central District of California entered a judgment for Office Depot as judgment creditor, against Zuccarini individually and d.b.a. “Country Walk,” in the amount of $100,000 with an additional $5,600 due in attorney’s fees. Office Depot subsequently assigned the right to receive all payments, including interest, to DS Holdings. On December 19, 2006, this Court issued a Writ of Execution of Judgment, pursuant to California Code of Civil Procedure section 699.510, for the recovery of Zuccarini’s outstanding debt. On February 20, 2006, this Court issued an order requiring the production and preservation of documents relating to Zuccarini’s substantial domain name portfolio. In March 2007, this Court…

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