Section 1963 permits a judgment of a district court to be registered in any other district court when the judgment has become final by appeal or expiration of the time for appeal, or when ordered by the court that entered the judgment for good cause shown. "Good cause" can be established "upon a mere showing that the defendant has substantial property in the other [foreign] district and insufficient [property] in the rendering district to satisfy the judgment." Woodward & Dickerson v. Kahn, 1993 U.S. Dist. LEXIS 4188, 1993 WL 106129 (S.D.N.Y. 1993); see also Teachers Insurance and Annuity Association of America v. Ormesa Geothermal, 1991 U.S. Dist. LEXIS 16847, 1991 WL 254573 (S.D.N.Y. 1991); Associated Business Telephone Systems Corporation v. Greater Capital Corporation, 128 F.R.D. 63 (D.N.J. 1989). When a judgment is registered, it has "the same effect as a judgment of the district court of the district where registered and may be enforced in like manner." 28 U.S.C. § 1963.
It is undisputed that Jack Frost does not have any assets in New York. It is also undisputed that Jack Frost has its principal place of business and substantial assets in Florida. While Samuel and Cynthia Francis, the principals of the company, also have assets in other states, Physicians and Nurses has not presented evidence that Jack Frost has substantial assets outside of Florida. Accordingly, I grant Physicians and Nurses' motion to register the Amended Judgment in district courts in Florida, but not in district courts in any other state.
However, I defer to the Court of Appeals for the Federal Circuit. Accordingly, this Order is stayed pending resolution by that court of Jack Frost's motion for a stay of execution pending appeal.
Dated: New York, New York
January 27, 1997
MIRIAM GOLDMAN CEDARBAUM
United States District Judge
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