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MUSKIN v. KETCHUM

United States District Court, S.D. New York


November 5, 2004.

VICTOR P. MUSKIN, P.C., Plaintiff,
v.
RAYMOND E.B. KETCHUM and CEA FINANCIAL GROUP, INC., Defendants.

The opinion of the court was delivered by: KEVIN FOX, Magistrate Judge

MEMORANDUM AND ORDER

In a memorandum and order, dated October 20, 2004 ("October 20th Order"), the Court directed the Clerk of Court to enter a default judgment against defendant Raymond E.B. Ketchum ("Ketchum"). In addition, the Court declined to entertain an application by plaintiff Victor P. Muskin, P.C. ("Muskin"), that it be permitted to register the default judgment immediately in other judicial districts ("registration application"). Muskin has submitted a letter to the Court, renewing its registration application, and clarifying that the application is made pursuant to 28 U.S.C. § 1963.*fn1 Muskin notes, as well, that the Clerk of Court entered a default judgment against both Ketchum and defendant CEA Financial Group ("CEA"), and Muskin has requested that the judgment be modified to reflect that it is against Ketchum only.

Immediate Registration in Other Judicial Districts

  In pertinent part, 28 U.S.C. § 1963 provides that "[a] judgment in an action for the recovery of money or property entered in any . . . district court . . . may be registered by filing a certified copy of the judgment in any other district . . . 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 is established upon a showing that the party against whom the judgment has been entered: (a) has substantial property in another judicial district; and (b) has insufficient property in the judicial district in which the judgment was entered to satisfy the judgment. See Owen v. Soundview Financial Group, Inc., 71 F. Supp. 2d 278, 278-79 (S.D.N.Y. 1999). A court may rely on affidavits and other documentary evidence in order to determine whether good cause has been shown. See, e.g., id. at 279. However, good cause is not established by the mere fact that a defendant resides in another judicial district. See Bingham v. Zolt, 823 F. Supp. 1126, 1136 (S.D.N.Y. 1993).

  In this action, the only competent evidence submitted in support of the registration application is the declaration of Victor P. Muskin, counsel to the plaintiff. In that declaration, Mr. Muskin states that "based upon information provided by Defendant Ketchum, . . . although Ketchum possesses assets located in another district from which the judgment could be satisfied, he is or may be about to encumber or dispose of such assets prior to satisfying his obligation to Plaintiff." This establishes that Ketchum has substantial property in another judicial district. However, Muskin has not submitted any competent evidence to show that Ketchum has insufficient property in this judicial district to satisfy the judgment. Accordingly, Muskin has not shown good cause, as required by 28 U.S.C. § 1963, for the Court to grant the registration application. Therefore, the registration application must be denied. Modification of Default Judgment

  The October 20th Order directed the Clerk of Court to enter a default judgment against Ketchum only, and did not address the part of Muskin's default judgment application that applied to CEA. Accordingly, the default judgment should be modified to reflect that it is against Ketchum only.

  CONCLUSION

  For the reasons set forth above: (1) Muskin's application, pursuant to 28 U.S.C. § 1963, is denied; and (2) the Clerk of Court is directed to modify the default judgment, entered on October 20, 2004, to reflect that it is against Ketchum only.

  SO ORDERED.


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