United States District Court, D. Nevada
JAMES A. HOLMQUIST AND SCOTT A. WHITE, Plaintiffs,
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' 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
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:
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?
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
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
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