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Holmquist v. Exotic Cars at Caesars Palace, LLC

United States District Court, D. Nevada

October 16, 2017

JAMES A. HOLMQUIST AND SCOTT A. WHITE, Plaintiffs,
v.
EXOTIC CARS AT CAESARS PALACE, LLC, A NEVADA LIMITED LIABILITY COMPANY AND RICHARD L. WEISMAN, INDIVIDUALLY, Defendants.

          Marquis Aurbach Coffing JASON M. GERBER, ESQ. Perry & Perry, PLLP SHAWN M. PERRY, ESQ. Attorneys for Plaintiffs

          MARQUIS AURBACH COFFING JASON M. GERBER, ESQ. PERRY & PERRY, PLLP SHAWN M. PERRY, ESQ. Attorneys for Plaintiffs

          PLAINTIFFS' PROPOSED ORDER ON PLAINTIFFS' MOTION TO ARREST DEFENDANT/JUDGMENT DEBTOR RICHARD L. WEISMAN PURSUANT TO NRS $ 31.470. ETSEQ.

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         THIS MATTER having come on for hearing before this Court on October 10, 2017 on Plaintiffs' Motion to Arrest Defendant/Judgment Debtor Richard L. Weisman Pursuant to NRS § 31.470, Et Seq., Shawn M. Perry, Esq. and Jason M. Gerber, Esq. appeared on behalf of Plaintiffs James A. Holmquist and Scott A. White, who were present at the hearing. Roger P. Croteau, Esq. appeared on behalf of Defendant Richard L. Weisman ("Weisman"). Mr. Weismann was not present at the hearing. The Court, having considered the oral argument of counsel, all of the pleadings, papers and documents on file herein, being fully advised on the issues, and good cause appearing, the Court hereby orders as follows:

         1. On or before October 31, 2017, the parties shall file simultaneous briefs addressing the following issues:

a. Does Nevada law permit this Court through a writ of execution, as implemented through Rule 69, to seize assets of a debtor in another state, in this case Florida, and to seize assets of non-party individuals or entities in another state?
b. Can the Court order the arrest of Mr. Weisman if the Court does not find that there are current assets or income that may be used in part to satisfy the judgment?
c. Can the Court order the arrest of Richard Weisman if it finds that he has commingled his assets with those current assets held in his wife's name?
d. If Shirin Weisman decides that she does not want to participate in the evidentiary hearing referenced in Paragraph 7 below, can this Court compel her to appear at an evidentiary hearing before this Court in Las Vegas, Nevada?

         2. On or before November 17, 2017, Richard Weisman, through his counsel, shall file with the Court and serve upon Plaintiffs counsel a disclosure in spreadsheet format containing the following information:

a. An annual accounting of Mr. Weisman's assets, liabilities, income and expenses ("Accounting") for the years 2007 to present.
b. The Accounting shall specifically identify any and all entities, financial instruments and/or financial institution accounts that Mr. Weisman has been a signatory on and from which he has received cash from or a repayment of an expense advanced whether or not such assets or businesses are owned by others, including his wife, his mother-in-law or his children.
c. Provide a detailed description of the name, address and telephone numbers of all persons or entities from which he received any type of remuneration, including income, expense ...

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