Case Information
*1 Case 2:05-cv-00365-FJM Document 409 Filed 04/12/07 Page 1 of 2 WO
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Verve, L.L.C., ) No. CV-05-0365-PHX-FJM
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Plaintiff, ORDER
vs.
Hypercom Corp.,
Defendant. Hypercom Corp.
Counter-Claimant,
vs.
Verve, L.L.C., Raymond M. Galasso, Kevin R. Imes, Simon, Galasso & Frantz P.L.C.
) ) )
Counter-Defendants.
_________________________________
The court has before it Hypercom's unopposed motion for an order certifying judgment for registration in the Western District of Texas (doc. 407).
On January 9, 2007, this court entered judgment against the counter-defendants, Verve, L.L.C., Raymond Galasso, Kevin Imes, and Simon, Galasso & Frantz, P.L.C., ("counter-defendants") and in favor of Hypercom for over $700,000 (doc. 388). Because an *2 Case 2:05-cv-00365-FJM Document 409 Filed 04/12/07 Page 2 of 2 appeal is pending, Hypercom now asks us to enter an order permitting the registration of that judgment in the Western District of Texas.
Pending an appeal, "the judgment is only enforceable in the district in which it was rendered, unless the judgment is 'registered' in another district by court order." Columbia Pictures Tel., Inc. v. Krypton Broad. of Birmingham, Inc., 259 F.3d 1186, 1197 (9th Cir. 2001). A court may order the registration of a judgment in another district "for good cause shown." 28 U.S.C. § 1963. "Good cause" is generally based on "an absence of assets in the judgment forum, coupled with the presence of substantial assets in the registration forum." Columbia Pictures, 259 F.3d at 1197-98. Hypercom alleges that counter-defendants have no property in the District of Arizona, and have substantial assets in the Western District of Texas. Counter-defendants did not file a response to Hypercom's motion, and therefore do not dispute these allegations. Accordingly, the requisite "good cause" under 28 U.S.C. § 1963 exists.
IT IS ORDERED GRANTING Hypercom's motion (doc. 407) and certifying the final judgment in this case for registration in the Western District of Texas.
DATED this 11 th day of April, 2007.
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