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Ross v. Brown

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Dec 11, 2012
Case No. 2:07-cv-00873-KJD-GWF (D. Nev. Dec. 11, 2012)

Opinion

Case No. 2:07-cv-00873-KJD-GWF

12-11-2012

ROBERT M. ROSS, Plaintiff, v. STEPHEN BROWN, et al., Defendants.


ORDER


Application to Employ

Auctioneer (#106)

This matter comes before the Court on Plaintiff Robert Ross' ("Plaintiff") Application to Employ Auctioneer (#104), filed on November 13, 2012. Responses to the instant motion were due November 30, 2012.

Plaintiff represents the Central District of California entered a judgment against Defendants in favor of Plaintiff on April 25, 2007, which was registered in the District of Nevada on June 6, 2012. The Clerk of this Court issued a Writ of Execution on September 20, 2012. See Doc. #106 Exh. 1. The amount due on the date of the Writ's issuance was $842,317.25. "Any personalty sold under any order decree of any court" shall be sold in accordance with 28 U.S.C. § 2001, "unless the court orders otherwise." Plaintiff now moves the Court to permit the sale by auction of personal property (see Doc. #106 Exh. 2) seized from Defendants by the U.S. Marshals to satisfy the above-described judgment. Plaintiff desires to employ Dan Watson, a licensed auctioneer, to conduct the sale for a commission of thirty percent of the net proceeds.

Under Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion. To date, no response to the instant motion has been filed, and the time to file a response has expired. Furthermore, Plaintiff establishes good cause for the granting of the motion. Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Application to Employ Dan Watson, as Auctioneer, Pay Commission and Motion to Sell Personal Property at Public Auction Pursuant to 28 U.S.C. § 2004 (#106) is granted. Plaintiff shall be permitted to employ Dan Watson as auctioneer, and sell at auction the personal property listed in Exhibit 2 of the instant motion.

IT IS FURTHER ORDERED that the sale be conducted at 2245 N. Nellis, Las Vegas, Nevada 89115.

IT IS FURTHER ORDERED that Plaintiff may conduct more than one auction if necessary to liquidate all personal property listed in Exhibit 2 to the instant motion. Plaintiff shall inform the Court if more than one auction will be required.

IT IS FURTHER ORDERED that a status of the sale be filed with the Court no later than sixty days after the completion of all auctions.

____________

GEORGE FOLEY, JR.

United States Magistrate Judge


Summaries of

Ross v. Brown

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Dec 11, 2012
Case No. 2:07-cv-00873-KJD-GWF (D. Nev. Dec. 11, 2012)
Case details for

Ross v. Brown

Case Details

Full title:ROBERT M. ROSS, Plaintiff, v. STEPHEN BROWN, et al., Defendants.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Dec 11, 2012

Citations

Case No. 2:07-cv-00873-KJD-GWF (D. Nev. Dec. 11, 2012)