Columbia Record Productions, Etc. v. Hot Wax Records, Inc., Etc., and Edward J. Holland, (Two Cases)

Edward J. Holland, Jr. appeals the district court’s denial of his motion for relief from a magistrate judge’s order under Rule 60(b) of the Federal Rules of Civil Procedure. He also challenges the magistrate judge’s authority to enter the underlying order. We reverse.

This case arises from the efforts of Columbia Record Productions to enforce a judgment for $100,000 that it obtained against Holland in the United States District Court for the Eastern District of Michigan. Columbia, having discovered that Holland had assets in California, secured a writ of execution from the District Court for the Central District of California. Thereafter, Columbia moved that court for an order assigning assets, which motion was assigned to Magistrate Judge George H. King for decision. The magistrate judge issued an order assigning assets, but Columbia was unable to realize any recovery from it. It then discovered other assets and requested the magistrate judge to issue another order assigning assets of Holland. A second order was then issued, over opposition, by the magistrate judge. Holland filed a notice of appeal purporting to appeal that order to this court. Holland also filed a Rule 60(b)…