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Stockade Franchising, LP v. Kelly Restaurant Group, LLC

United States District Court, W.D. Texas, Austin Division

October 10, 2019

STOCKADE FRANCHISING, LP, Plaintiff
v.
KELLY RESTRAURANT GROUP, LLC, KELLY INVESTMENT GROUP, LLC, MICHAEL KELLY, AND GALE PREMER, Defendants

          ORDER

          SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE

         Before this Court are Stockade Franchising, LP's Opposed Motion to Compel Responses to Discovery Requests in Aid of Execution, filed on August 2, 2019 (Dkt. No. 27); Defendant Gal Premer's Response, filed on September 4, 2019 (Dkt. No. 32); Kelly Defendants' Opposition to Stockade's Motion to Compel, filed on September 4, 2019 (Dkt. No. 33); and Stockade Franchising, LP's Reply, filed on September 11, 2019 (Dkt. No. 35).

         On August 13, 2019, the District Court referred the above motion to the undersigned Magistrate Judge for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas.

         I. GENERAL BACKGROUND

         On October 24, 2018, Stockade Franchising, LP (“Stockade”) filed this lawsuit, pursuant to 9 U.S.C. § 9, to confirm a final arbitration award issued against Defendants Kelly Restaurant Group, LLC (“KRG”), Kelly Investment Group, LLC (“KIG”), Michael Kelly (“Kelly”), and Gale Premer (“Premer”). The Arbitration Award found in favor of Plaintiff and ordered Defendants to pay Stockade significant monetary damages, attorneys' fees, and costs. See Exh. A to Dkt. No. 20.

         On May 9, 2019, the District Court entered a Final Judgment stating the following:

Stockade is entitled to judgment confirming the October 1, 2018 final arbitration award entered in American Arbitration Association No. 01-17-0003-1350 (“Final Award”), and attached to this Final Judgment as Exhibit A.
***
Stockade is entitled to judgment against Defendants Kelly Restaurant Group, LLC; Kelly Investment Group, LLC; Michael Kelly; and Gale Premer on the terms set forth in the Final Award. The terms of the Final Award are incorporated into this Final Judgment.

Dkt. No. 20 at p. 1.

         Stockade has now filed the instant Motion to Compel Responses to Discovery Requests in Aid of Execution, alleging that Defendants have ignored the Arbitration Award and the Final Judgment and “have refused to pay a cent to Stockade.” Dkt. No. 27 at p. 2. Stockade contends that because Defendants have refused to pay, it was forced to serve discovery requests on them pursuant to Fed.R.Civ.P. 69(a)(2), and that Defendants have failed to meaningfully respond. Accordingly, Stockade filed the instant Motion to Compel.

         II. ANALYSIS

         Fed. R. Civ. P. 69(a)(2) allows a judgment creditor to “obtain discovery from any person- including the judgment debtor-as provided in these rules or by the procedure of the state where the court is located.” Rule 69 “was intended to establish an effective and efficient means of securing the execution of judgments.” JP Morgan Chase Bank, N.A. v. DataTreasury Corp., 936 F.3d 251, 256 (5th Cir. 2019) (internal citation omitted). “The scope of postjudgment discovery is very broad to permit a judgment creditor to discover assets upon which execution may be made.” F.D.I.C. v. LeGrand, 43 F.3d 163, 172 (5th Cir. 1995). To effectuate that purpose, the discovery rules are to be liberally construed. DataTreasury, 936 F.3d at 256.

         The Court finds that Stockade's requests for the production of documents and interrogatories to Defendants in this case were standard requests for discovery designed to discover information on executable assets. Defendants have failed to meaningfully respond to these discovery requests. Stockade has demonstrated that it has been ...


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