James Gagan, Lajunta Monroe, Intervenor-Appellant v. Victor Sharar James A. Monroe

This case concerns execution in a community property state of a judgment obtained in a common law state.

Facts

The dispute underlying this case has already been the subject of two published decisions by the Seventh Circuit, so we take our facts from those decisions. James Gagan invested substantial funds in a limited partnership to fund, build, and operate cable television systems. James Monroe was the general partner. Monroe and his associates siphoned off money that Gagan was entitled to, so Gagan sued them in the United States District Court for the Northern District of Indiana on RICO and other state and federal theories. The court directed a verdict for Gagan on some claims and sent the rest of the claims to a jury. After two trials, Gagan eventually won a $1.7 million judgment against Monroe. The judgment was affirmed on appeal.

Monroe did not pay Gagan, and Gagan was frustrated in his attempts to execute on the judgment. After trying unsuecess- fully to collect, Gagan obtained an order from the district court in Indiana ordering Monroe to turn over to Gagan his interest in Apache Cablevision, a cable television company in Arizona, up to the amount of the judgment. On the…