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COMMONWEALTH ASSOCS. v. PALOMAR MED. TECHS.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


June 5, 1997

COMMONWEALTH ASSOCIATES, Plaintiff, against PALOMAR MEDICAL TECHNOLOGIES, INC., Defendant.

The opinion of the court was delivered by: DOLINGER

MEMORANDUM & ORDER

 MICHAEL H. DOLINGER

 UNITED STATES MAGISTRATE JUDGE:

 By Memorandum and Order dated May 30, 1997, I concluded that Palomar was liable to plaintiff in the amount of $ 2,917,500.00 in contract damages and $ 256,570.56 in pre-judgment interest.

 Plaintiff has also moved pursuant to 28 U.S.C. ยง 1963 for an order allowing registration of the judgment in this case in the District of Massachusetts. This motion is granted.

 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, upon a showing of "good cause", when ordered by the court that entered the judgment. "Good cause" can be established "upon a mere showing that the defendant has substantial property in the other district and insufficient [property] in the rendering district to satisfy the judgment." Woodward & Dickerson v. Kahn, 1993 U.S. Dist. LEXIS 4188, *3, 1993 WL 106129, at *1 (S.D.N.Y. 1993). See also Jack Frost Lab., Inc. v. Physicians & Nurses Mfg. Corp., 951 F. Supp. 51, 52 (S.D.N.Y. 1997).

 Commonwealth asserts that Palomar does not have any assets in New York. Commonwealth also asserts that Palomar does have assets in Massachusetts and maintains its principal place of business at 66 Cherry Hill Drive, Beverly, Massachusetts. (PX 9, 20). This showing is uncontradicted by Palomar. Accordingly, I grant Commonwealth's motion to register the Judgment in district courts in Massachusetts.

 Dated: New York, New York

 June 5, 1997

 MICHAEL H. DOLINGER

 UNITED STATES MAGISTRATE JUDGE

19970605

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