Free Response in Opposition to Motion - District Court of Arizona - Arizona

1 ORLANDO F. CABANDAY (SBN 168131)
[email protected]
2 HENNELL R SSFELD LLP
4640 Admiralty Way, Suite 850
Marina del Re3y CA 90292
3 Telephone: ( fog 305-2100
4 Facsimile: (310) 05-2116
Attom% for Plaintiffs,
5 FIDEL Y NATIONAL FINANCIAL, INC. and
FIDELITY EXPRESS NETWORK, INC.
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8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
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11 FIDELITY NATIONAL FINANCIAL, INC., NO. 03 1222 PHX RCB
a Delaware Corporation, and FIDELITY
12 EXPRESS NETWORK, INC., a California
Corporation, PLAINTIFFS/JUDGMENT
13 Plaintiff(s), CREDITORS’ OPPOSITION TO
v. EMERGENCY APPLICATION FOR
14 COLIN H. FRIEDMAN, individually and as CLARIFICATION ORDER
1 5 trustee of the Friedman Family Trust UDT,
dated July 23, 1987; HEDY KRAMER
16 FRIEDMAN, individually and as trustee of the
Friedman Family Trust UDT, dated July 23,
17 1987; FARID MESHKATAI, an individual;
and ANITA KRAMER MESHKATAI,
18 individually and as trustee of the Anita Kramer
Living Tmst, dated July 23, 1987,
19
Defendant s .
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Case 2:O3—cv—O1222—F1CB Document 137 I Filed O2/O1/2007 Page 1 of 4

1 Contrary to the argument of judgment debtor Farid Meshkatai, no clarification is
2 necessary of this Court’s Order Requiring Judgment Debtor to Appear and Produce
3 Documents ("Order"). The Order, consistent with Plaintiffs’ Motion, specifically directs
4 Defendant/judgment debtor Farid Meshkatai
5 “to appear before this Court at 401 West Washington Street,
6 Courtroom 305. . . on March 5, 2007, at 9:00 a.m. before Magistrate
7 Judge David K. Duncan to be examined, under oath, concerning said
8 Defendant/Judgment Debtor’s property, whether real, personal, or
9 mixed.”
10 The Court clearly entered this Order pursuant to A.R.S. § 12-163 1(A)(1), which entitles
11 a judgment creditor "at any time" to:
12 "Have an order from the court requiring the judgment debtor to
13 appear and answer conceming his property before the court or a
14 referee, at a time and place specified in the order."
15 Plaintiffs/judgment creditors neither requested nor were granted a subpoena under
16 A.R.S. § 12-163l(A)(2).
17 Furthermore, the substance of the examination is stated in the Order: Mr. Meshkatai’s
18 "pr0perty, whether real, personal, or mixed." No further specification is necessary.
19 Plaintiffs/Judgment Creditors note that this Court entered the exact same order for the other
20 judgment debtors (Colin Friedman, Hedy Friedman, and Anita Meshkatai), and they have all
21 appeared and testified for their debtor’s examinations without any need for "clarification."
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Case 2:O3—cv—O1222-RCB Document 137 2FiIed O2/O1/2007 Page 2 of 4

1 Judgment debtor’s counsel does not challenge the jurisdiction of this Court to order
2 Mr. Meshkatai’s debtor exam, and he does not dispute that service of the Order on Mr.
3 Meshkatai’s counsel is sufficient service on Mr. Meshkatai. Rather, the "Emergency
4 Application for Claritication" is nothing more than a thinly disguised request for a
5 continuance. Plaintiffs/judgment debtors respectfully submit that there is no good cause for
6 a continuance and Mr. Meshkatai should therefore appear for his examination, and produce
7 the documents at the times ordered by the Court.
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9 DATED: February I, 2007 HENNELLY & GROSSFELD LLP
10 By: A
11 oRLANDo F. CABANDAQ l ’ E
Attorneys for FIDELITY NA IONAL
12 FINANCIAL INC., AND FIDELITY EXPRESS
13 NETWORK, INC.
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Case 2:O3—cv—O1222-RCB Document 137 Filed O2/O1/2007 Page 3 of 4

I CERTIFICATE OF SERVICE
I declare that I am over the age of eighteen (18) and not a party to this action. My
2 business address is 4640 Admiralty Way, Suite 850, Marina de Rey, California, 90292.
3 On February 1, 2007, I served the following document(s):
4 PLAINTIFFS/JUDGMENT CREDITORS’ OPPOSITION TO
5 EMERGENCY APPLICATION FOR CLARIFICATION ORDER
on the interested parties in this action as indicated below or on the attached service list,
6 together with a copy of this declaration, as follows:
7 Allen Hyman, Esq. Attorneys for Colin Friedman,
Law Offices of Allen Hyman Hedy Kramer Friedman, Farid
8 10737 Riverside Drive Meshkatai, and Anita Kramer
North Hollywood, CA 91602 Meshkatai
9 Tel: (818) 763-6289
Fax: (818) 763-4676
10 EM; [email protected]
11 J. Daniel Campbell, Bar No. 005395 Attorneys for Defendants Farid
Lisa M. Hemami, Bar No. 024703 Meshkatai and Anita Kramer
12 O’Connor & Campbell Meshkatai, Individually and as
3838 North Central Ave. trustee of the Anita Kramer Living
13 City Square Plaza, Ste. 1800 Trust, and non-party Yariv Elazar
Phoenix, AZ 85012
14 Tel: (602) 241-7000
15 EM: [email protected]
Hillel Chodos
16 1559 S. Sepulveda Blvd.
West Los Angeles, CA 90025
17 Tel: (310) 473-8666
Fax: (310) 473-2726
18 EM: [email protected]
19 (X) (By Ovemight Delivery) I deposited in a box or other facility relgularly maintained
by FedEx or Ovemite Express, an express service carrier, or delivere to a courier or
20 driver authorized by said express carrier to receive documents, a copy of the above
21 named document(s).
(X) (Federal) I declare that I am employed in the office of a member of the bar of this
22 court at whose direction the service was made.
23 I declare under penalty of perjury that foregoing is true and correct.
24 Executed on February 1, 2007, at Marina del Rey, California.
25 -
26 CYN HIA FAL
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Case 2:O3—cv—O1222-RCB Document 137 Filed O2/O1/2007 Page 4 of 4

Case 2:03-cv-01222-RCB

Document 137

Filed 02/01/2007

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Case 2:03-cv-01222-RCB

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