Nolet v. APS Solutions, Inc.
| Kim Nolet, Deborah Fox, Gervon Fox and Yvette Hill |
| APS Solutions, Inc. |
| 3:2023mc00042 |
| June 29, 2023 |
| US District Court for the District of Connecticut |
| Robert N Chatigny |
| Thomas O Farrish |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 13 RESPONSE TO 12 Order,,,,,,,,,,,,,,,,, by Deborah Fox, Gervon Fox, Yvette Hill, Kim Nolet filed by Deborah Fox, Gervon Fox, Yvette Hill, Kim Nolet. (Lowry, Houston) |
Filing 12
ORDER re #10 Plaintiffs' Motion for Judgment Debtor Exam. The plaintiffs have registered a foreign judgment that they obtained by default in the U.S. District Court for the District of Maryland. (ECF No. 1.) The defendants, Stephanie Caccamo and Vincent Caccamo, appear to be two Connecticut residents, and defendant APS Solutions, Inc. ("APS") is a corporation registered in New York. (Id.) The Plaintiffs have moved the Court to set an early date for the examination of the judgment debtor defendants before the court pursuant to Conn. Gen. Stat. 52-397. (ECF No. 10) The plaintiffs also assert, in relevant part, that in an August 9, 2023 phone call, Mr. Caccamo refused to answer the post-judgment interrogatories propounded to the defendants. (ECF No. 10, at 1.) The Plaintiffs have therefore also moved the Court to order the defendants to answer the post-judgment interrogatories previously served pursuant to Conn. Gen. Stat. 52-351b.Federal Rule of Civil Procedure 69 governs post-judgment discovery. First Tech. Cap., Inc. v. Airborne, Inc., 380 F. Supp. 3d 217, 219 (W.D.N.Y. 2019) (citing EM Ltd. v. Republic of Argentina, 695 F.3d 201, 207 (2d Cir. 2012), aff'd sub nom. Republic of Argentina v. NML Capital, Ltd., 573 U.S. 134 (2014)). Post-judgment discovery is "enforced according to the laws of the state in which the judgment is registered[.]" Caruso v. Perlow, 440 F. Supp. 2d 117, 119 (D. Conn. 2006) (citing Fed. R. Civ. P. 69). The law of Connecticut "requires a two-part inquiry in resolving questions of personal jurisdiction." Edberg v. Neogen Corp., 17 F. Supp. 2d 104, 110 (D. Conn. 1998). In determining the personal jurisdiction over a foreign corporation, "[f]irst, we must determine whether the defendant is amenable to service of process under Connecticut's long-arm statute[,]" and "[s]econd, we must assess whether the statutory authority comports with due process." Id. Additionally, in Connecticut, after a judgment creditor serves interrogatories, the judgment debtor must answer "'within thirty days of the date of service.'" Dipippa v. Fulbrook Cap. Mgmt., No. 3:19-mc-00032 (KAD), 2019 WL 8331425, at *1 (D. Conn. Aug. 2, 2019) (quoting Conn. Gen. Stat. 52-351b(a)). Here, the Court does not have enough information based on the current record to determine whether it has personal jurisdiction over the defendant APS, a New York corporation. In default scenarios such as this one, personal jurisdiction is an issue that courts can and do raise sua sponte. See, e.g., Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp., 619 F.3d 207, 213 (2d Cir. 2010). There must be personal jurisdiction over APS for the court to enforce the District of Maryland's judgment against it in this Connecticut forum. See E.I. du Pont de Nemours & Co. v. Kolon Indus., Inc., No. 12-CV-8435 (AJN), 2013 WL 4647194, at *3 (S.D.N.Y. Aug. 29, 2013).The plaintiffs have also not provided the court with a copy of the interrogatories they seek to enforce, nor with the date on which they were served. The Court is therefore unable to discern whether the interrogatories are deserving of an order of enforcement, Cf. Republic of Guatemala v. IC Power Asia Dev. Ltd., No. 22-CV-00394 (CM) (JW), 2023 WL 3294277, at *1 (S.D.N.Y. May 5, 2023) (reflecting that court reviewed post-judgment interrogatories to determine whether they fell "within the wide range of permitted post-judgment discovery, as they relate to the assets and liabilities of the judgment creditor"), nor to discern whether the required thirty days have elapsed. See Trustees of Connecticut Pipe Trades Loc. 777 Health Fund v. Plumbing Creations, LLC, No. 3:15-cv-00822 (MPS), 2019 WL 3051293, at *1 (D. Conn. July 11, 2019).Accordingly, the Plaintiffs are ordered to show cause, by September 6, 2023, why the motion should not be denied as to defendant APS for lack of personal jurisdiction. Additionally, the Plaintiffs are ordered to file, by September 6, 2023, a copy of the interrogatories they seek to enforce, along with information on the date they were served and the method of service. It is so ordered. Signed by Judge Thomas O. Farrish on 8/16/23.(Wood, R.)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for a ruling on #10 MOTION for Judgment Debtor Exam Signed by Judge Robert N. Chatigny on 8/10/2023.(Samson, Jessalyn)
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| Filing 10 MOTION for Judgment Debtor Exam by Deborah Fox, Gervon Fox, Yvette Hill, Kim Nolet. (Lowry, Houston) |
| Filing 9 NOTICE of Appearance by Houston Putnam Lowry on behalf of Kim Nolet (Lowry, Houston) |
| Filing 8 WRIT of Financial Institution Execution issued. (Samson, Jessalyn) |
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Filing 7
ORDER granting #5 Motion for Appointment of Special Process Server. Signed by Judge Robert N. Chatigny on 7/6/2023. (Rickevicius, L.)
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| Filing 6 APPLICATION for Writ of Garnishment by Kim Nolet. (Lowry, Houston) |
| Filing 5 MOTION for Appointment of Special Process Server by Kim Nolet. (Lowry, Houston) |
| Filing 4 NOTICE of Appearance by Houston Putnam Lowry on behalf of Kim Nolet (Lowry, Houston) |
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Robert N. Chatigny on 6/29/2023. (Mendez, D)
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| Filing 2 NOTICE of Appearance. (Mendez, D) |
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Filing 1
Order. (Mendez, D)
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| Filing fee received from Houston Putnam Lowry: $ 49.00, receipt number HFD 20361. (Mendez, D) |
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