United States District Court, D. Arizona
REPORT AND RECOMMENDATION
JOHN Z. BOYLE, Magistrate Judge.
TO THE HONORABLE G. MURRAY SNOW, UNITED STATES DISTRICT JUDGE:
On October 15, 2014, Plaintiff Imran Ahmad Jamali filed a Motion for a Judgment Debtor Exam and requested the Court Order Defendant Marc Adair to produce certain documents. (Doc. 164.) On November 13, 2014, Judge Snow referred Jamali's Motion to this Court for any necessary proceedings and a ruling. (Doc. 175.) Now pending before the Court are Jamali's (1) Motion to Order a Property Seizure to Satisfy a Default Judgment (Doc. 206), (2) Motion to Add Collection Expenses to Default Judgment Against Adair (Doc. 235), and (3) Motion to Order Judgment/Debtor to Turnover Property to the Plaintiff/Creditor (Doc. 236).
For the reasons below, this Court recommends that Jamali's Motions relating to Adair's property be granted and the Court order Jamali to file a proposed writ of execution for the Clerk of Court's signature. This Court further recommends that Jamali's Motion for attorneys' fees be denied.
On December 10, 2014, Magistrate Judge John Z. Boyle ordered Adair to appear before him on January 13, 2015 for a judgment debtor exam. (Doc. 178.) Judge Boyle further ordered Adair to produce, prior to the January 13, 2015 judgment debtor exam, original or copies of the documents requested by Jamali. On January 13, 2015, Judge Boyle reset the judgment debtor exam to February 25, 2015, and required Adair to produce the requested documents prior to the rescheduled exam. (Doc. 189.)
On February 25, 2015, Jamali and Adair appeared in front of Judge Boyle for the judgment debtor exam. (Doc. 196.) Adair affirmed to the Court that he had received the Court's Order at Doc. 189. Jamali then conducted a judgment debtor exam, but Adair failed to produce any of the documents required by the Court's previous Order.
On March 20, 2015, Jamali filed a Motion to Continue the Judgment Debtor Exam based, in part, on Adair's failure to produce any of the documents required by the Court's Order. (Doc. 198.) Adair did not object or otherwise respond to Jamali's Motion. On April 8, 2015, the Court granted Jamali's request and set a continued judgment debtor exam for May 11, 2015. (Doc. 201.) The Court again ordered Adair to produce certain documents prior to the continued judgment debtor exam.
On April 13, 2015, Jamali filed a Motion to Order a Property Seizure to Satisfy a Default Judgment, in which Jamali requests the Court order the U.S. Marshals to seize 14 items of Adair's non-exempt property, including certain furniture, Adair's 2005 GMC Yukon, and Adair's large screen television. (Doc. 206.)
On May 11, 2015, Jamali appeared for the continued judgment debtor exam. (Doc. 222.) However, Adair failed to appear and did not file an objection or otherwise request to reschedule the exam. Jamali represented to the Court during the May 11, 2015 hearing that he served Adair with the Court's April 8, 2015 Order by certified mail at Adair's address registered with the State Bar.
On May 14, 2015, this Court set an Order to Show Cause hearing regarding Adair's failure to appear. (Doc. 226.) On May 29, 2015, Judge Boyle held the Show Cause Hearing. (Doc. 230.) During the hearing, Judge Boyle imposed sanctions against Adair on behalf of Jamali in the amount of $15.00, which represents the costs Jamali incurred due to Adair's failure to appear at the May 11, 2015 judgment debtor exam. Adair also provided Jamali certain documents during the hearing. Judge Boyle reset the judgment debtor exam for June 18, 2015.
On June 18, 2015, both Jamali and Adair appeared for the judgment debtor exam. (Doc. 234.) During the hearing, Jamali informed the Court that Adair refused to satisfy the judgment against him, and Jamali requested the Court order Adair to turn over certain property to satisfy the judgment, and to pay Jamali's attorneys' fees related to collection of the judgment. Judge Boyle directed Jamali to file Motions containing these requests, and the Court would rule on them.
On June 19, 2015, Jamali filed a Motion to Add Collection Expenses to Default Judgment Against Adair, in which Jamali asserts that Adair refuses "to cooperate in settling the judgment against him in any manner." (Doc. 235.) Jamali asserts that because of Adair's conduct, he plans to retain a collection attorney to collect the judgment. Jamali requests that the Court award him an additional $5, 794 in attorney's fees, which Jamali anticipates he will owe his collection attorney for his or her work. Also on June 19, 2015, Jamali filed a Motion to Order Judgment/Debtor to Turnover Property to the Plaintiff/Creditor, in which Jamali reiterates that Adair refuses to satisfy the judgment against him in any manner, and Jamali "has exhausted all options in order to try and help Adair with the settlement of the judgment, " but Adair "has been uncooperative." (Doc. 236.) Jamali seeks an Order from the Court requiring Adair to turn over his ...