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Onward Holding v. Prime Capital Ventures
2:23-cv-00833
D. Utah
Feb 14, 2024
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Background

  • 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)

Read the full case

Case Details

Case Name: Onward Holding v. Prime Capital Ventures
Court Name: District Court, D. Utah
Date Published: Feb 14, 2024
Citation: 2:23-cv-00833
Docket Number: 2:23-cv-00833
Court Abbreviation: D. Utah