1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 ORDER GRANTING MOTION - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

MIKE KREIDLER, 

Plaintiff,

v.

DANNY L. PIXLER, et al.,

Defendants.

Case No. C06-0697RSL

ORDER GRANTING MOTION FOR

CERTIFICATION OF JUDGMENT

This matter comes before the Court on plaintiff’s motion for an order certifying the

judgment in this case for registration in other districts. The Court entered judgment on

January 19, 2011. The Huffs and Midwest subsequently filed an appeal. They have not

obtained a stay of the judgment.

Under Federal Rule of Civil Procedure 62(a), a judgment from a United States

district court becomes final and enforceable fourteen days after judgment is entered. At

that time, a prevailing party is entitled to execute upon the judgment. Pending appeal,

however, the judgment is enforceable only in the district in which it was rendered. A

party seeking to enforce the judgment in another jurisdiction must register it in another

district by court order. 28 U.S.C. § 1963. According to the statute, the court rendering

Case 2:06-cv-00697-RSL Document 437 Filed 05/13/11 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 ORDER GRANTING MOTION - 2

the judgment can certify it for registration in another jurisdiction during the pendency of

the appeal “for good cause shown.” Id. The Ninth Circuit has defined “good cause” as

the absence of assets in the judgment forum combined with substantial assets in the

registration forum. Columbia Pictures Indus., Inc. v. Krypton Broadcasting of

Birmingham, Inc., 259 F.3d 1186, 1197-98 (9th Cir. 2001). 

Plaintiff is not required to produce “the details of Defendants’ finances or evidence

that would have been admissible at trial.” Mommy Gina Tuna Resources v. Integral

Seafood LLC, 2009 WL 1322367 at *1 (D. Haw. May 8, 2009). Rather, plaintiff’s

burden is “minimal.” Id. (granting motion for certification and noting that plaintiff

offered evidence that at least some of defendants’ assets were present in each of the

districts in which registration was sought). Midwest and the Huffs do not own property in

Washington. (Dkt. #21-2, Exs. A, B, D). Nothing in the record suggests that Pixler owns

assets in Washington. Defendants do not dispute that they lack assets in this district, or

that they have substantial assets in the districts in which plaintiff seeks to register the

judgment. In fact, defendants did not respond to or oppose the motion, which the Court

construes pursuant to Local Rule 7 as a concession that it has merit. In light of those facts

and the evidence of defendants’ assets as set forth in plaintiff’s moving papers, the Court

finds that plaintiff has shown good cause to certify the judgment. See, e.g., Columbia

Pictures Indus., Inc., 259 F.3d 1198 (finding good cause where defendant did not dispute

the allegations that he lacked assets in California and owned substantial assets in Florida). 

The finding of good cause is further supported by the fact that a failure to certify the

judgment would likely result in dissipation of those assets, causing the judgment to be

frustrated. See, e.g., Skydive Arizona, Inc. v. Quattrocchi, 2010 WL 2534200 at *5 (D.

Ariz. June 18, 2010).

Accordingly, plaintiff’s motion (Dkt. #422) is GRANTED. The Court certifies the

Case 2:06-cv-00697-RSL Document 437 Filed 05/13/11 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

 Plaintiff’s proposed order includes the Eastern District of Florida, which does not

exist. Nor has plaintiff alleged or shown that defendants own any assets in the Southern

District of Florida. Although Roxann Pixler testified during her deposition that she lived

in that area five years ago, there is no evidence that Mr. Pixler or the other defendants

currently own assets in that district. Accordingly, this order does not certify the judgment

for registration in the Southern District of Florida.

ORDER GRANTING MOTION - 3

judgment for registration in the federal districts for the states of Florida (Northern and

Middle districts),1

 Kentucky (Western and Eastern districts), South Carolina, and

Tennessee (Western, Middle, and Eastern districts).

DATED this 13th day of May, 2011.

A

Robert S. Lasnik

United States District Judge

Case 2:06-cv-00697-RSL Document 437 Filed 05/13/11 Page 3 of 3