As many of you know...MackBoring Yanmar was seeking additional discovery from Novis to track assets available for settlement in their suit over non-payment of $138k in invoices for saildrives.
The NJ federal district court has denied this further discovery today saying:
"The fact that Mack Boring cannot obtain pre-final judgment discovery pertaining to Novis’s ability to satisfy its judgment does not mean it is without recourse. Indeed, Mack Boring as judgment creditor may obtain discovery “in order that [it] may find out what assets exist or have been fraudulently transferred. In addition, [it] may use the discovery mechanisms provided under state practice.” Ranney-Brown, 75 F.R.D. at 5 (citing Fed. R. Civ. P. 69). As a legal (if technical) matter, Mack Boring must wait until final judgment is entered to seek the discovery it
We now await the final decision in the case itself which is reportedly favorable to Mack Boring on the debt itself but there are apparently a couple of other outstanding issues awaiting a ruling.
The case citation is:
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MACK BORING & PARTS COMPANY :
: Civil Action No. 06-2692 (HAA)
NOVIS MARINE, LTD : OPINION
Access to the Pacer system may be required but this particular opinion is free of charge for those wanting to read the whole decision.
I have a copy of the opinion in pdf format that I can provide to anyone who sends me a PM with e-mail address....but suggest you do not bother as it is almost entirely a technical denial based on prior case law.