Onward Holding v. Prime Capital Ventures
2:23-cv-00833
D. UtahFeb 14, 2024Background
- The court previously granted Onward Holding's motion for default judgment against Kris Roglieri, entering a $3,000,000 judgment.
- Onward Holding sought immediate authorization to register this judgment in any federal district court in New York, citing Roglieri's assets in that state.
- Prime Capital Ventures, the second defendant, had its bankruptcy proceedings recently dismissed, ending any automatic stay.
- The court noted concerns about Plaintiff’s counsel's candor and accuracy in filings, suggesting possible Rule 11(b) issues, but did not impose sanctions at this stage.
- The motion was considered under 28 U.S.C. § 1963, which allows for registration of judgments in other districts on a showing of good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judgment should be registered in other districts | Roglieri owns assets in NY, none in Utah; risk of other creditors obtaining a prior lien | No argument (defaulted defendant) | Registration in Northern District of NY granted; others denied |
| Adequacy of Plaintiff’s representations to the court | – | – | Counsel admonished but no sanctions imposed at this stage |
Key Cases Cited
Schreiber v. Kellogg, 839 F. Supp. 1157 (E.D. Pa. 1993) (registration for good cause if debtor has property in foreign district not rendering district)
Cianbro Corp. v. George H. Dean, Inc., 749 F. Supp. 2d 1 (D. Me. 2010) (good cause satisfied by showing assets elsewhere and none locally)
United Int'l Holdings, Inc. v. Wharf (Holdings) Ltd., 210 F.3d 1207 (10th Cir. 2000) (leave for registration of judgment is discretionary under § 1963)
