Equity Title, LLC v. Profyt Addyct, LLC

1 || MARILYN FINE, ESQ.

Nevada Bar No. 5949 || E-mail: [email protected] HOLLEY DRIGGS || 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 || Telephone: 702/791-0308 Facsimile: 702/791-1912 Attorneys for Plaintiff || EQUITY TITLE, LLC, doing business as || EQUITY TITLE OF NEVADA, 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA || EQUITY TITLE, LLC, doing business as CASE NO. 2:20-cv-01639-APG-BNW EQUITY TITLE OF NEVADA, Plaintiff, NOTICE OF EMERGENCY MOTION 14 AND EMERGENCY MOTION FOR — vs. EXPEDITED DISCOVERY; 15 MEMORANDUM IN SUPPORT; [PROPOSED] ORDER THEREON > 16 |} PROFYT ADDYCT, LLC, and STEVEN GAZLAY, an individual, and DOES 1 through || 10 inclusive, 18 Defendants. — 19 20 PLEASE TAKE NOTICE that Plaintiff EQUITY TITLE, LLC, doing business as EQUITY || TITLE OF NEVADA (‘Plaintiff’), will and hereby does move on an emergency basis, as soon as — ||this matter can be heard, for a court order granting Plaintiff expedited discovery by Rule 45 || subpoena to non-party Bank of America, N.A. (“BofA”). This emergency motion is made pursuant || to Local Rules 7-2 and 7-4, and is based upon the following Memorandum in support, the || Declarations of Plaintiff and Plaintiffs counsel filed in support of this Motion, the Complaint of the 26 /// /// 28 /// ] || Plaintiff, all of the filings, records and proceedings herein, and Rule 30 of the Federal Rules of Civil || Procedure.

3 Dated this 11" day of September.

5 HOLLEY DRIGGS 6 /s/ Marilyn Fine 7 MARILYN FINE, ESQ.

Nevada Bar No. 5949 8 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 Y 9 Attorneys for Plaintiff Equity Title, LLC.

10 doing business as Equity Title of Nevada

> 16 * 2 Case No. 2:20-cv-01639 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 As set forth in the Complaint and the Declarations in support of this Motion, Defendants || Steven Gazlay (“Gazlay”), and his purported Limited Liability Company Profyt Addyct, LLC, have || committed title fraud and wire fraud in addition to violating the Racketeering Influenced Corrupt || Organizations Act, 18 U.S.C. § 1961 et seq. (“RICO”).

6 At the end of last month Gazlay presented falsified corporate records to Plaintiff, a title and || escrow company, and a lender, purporting to own residential real property located in Las Vegas, || and thereby causing a fraudulent wire transfer in the amount of $707,375.75 to the BofA account || ending in 8373; an account which Gazlay controls. While attempts to seize the fraudulent loan || proceeds have been made by the Las Vegas Metropolitan Police Department’s Financial Crimes rh 11 || Division, (Incident Number LLV20090002464), Gazlay has already accessed and attempted to ~ 12 || further transfer and conceal from recovery significant portions of the loan proceeds.

13 Because Rule 45 subpoenas are subject to the same scheduling orders as other forms of || discovery, see Marvin Lumber & Cedar Co. v. PPG Industries, Inc., 177 F.R.D. 443, (D.Minn. — 15 || 1997), through this Emergency Motion for Expedited Discovery, Plaintiff seeks leave to > 16 || immediately issue a Rule 45 subpoena upon BofA to obtain information related to the receipt and || further withdrawal or transfer of the loan proceeds, for the purpose of tracing and ultimately seeking || to recover said funds. The court may authorize discovery before the Rule 26(f) meeting for “good || cause,” where the need for early and limited discovery outweighs any possible prejudice to the party O 20 || from whom discovery is sought. Semitool, Inc. v. Tokyo Electron America, Inc. 208 F.R.D. 273, || 276 (N.D. Cal. 2002).

992 “Good cause” exists here in that Plaintiff must first learn where Gazlay has transferred the || loan proceeds before Plaintiff can seek injunctive relief related to the location of the transferred || funds. Here the funds themselves are evidence and may be consumed or destroyed by Gazlay before ||a temporary restraining order or preliminary injunction may be sought.

26 /// | /// 1 This is a specific and limited discovery request where there is no alternative means of || obtaining the information, and the adverse party, here the perpetrator of the fraud, has no compelling || privacy interest in the information.

4 Dated this 11" day of September.

5 HOLLEY DRIGGS 6 /s/ Marilyn Fine 7 MARILYN FINE, ESQ.

Nevada Bar No. 5949 8 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 Y 9 rh Attorneys for Plaintiff Equity Title, LLC.

10 doing business as Equity Title of Nevada rh lil Y _, 12 [PROPOSED] ORDER 13 Having considered the foregoing emergency motion and the matters stated therein, IT IS || HEREBY ORDERED that Plaintiff be permitted to issue a Rule 45 subpoena to Bank of America, — .

15 || N.A., pertaining to the account number ending in 8373. The Court finds that there is good 16 cause to grant the motion. (1) 17 1 IT IS SO ORDERED _) 19 DATED: September 11, 2020 qa 23 BRENDA WEKSLER 24 UNITED STATES MAGISTRATE JUDGE 4 Case No. 2:20-cv-01639