First Tech. Capital, Inc. v. Airborne, Inc.
First Tech. Capital, Inc. v. Airborne, Inc.
Opinion of the Court
Plaintiff First Technology Capital, Inc. ("Plaintiff") commenced this action on February 5, 2015, against Airborne, Inc. d/b/a/ Firstflight ("Defendant"), for damages allegedly sustained when Defendant breached a contract to purchase an aircraft from Plaintiff. (Dkt. 1). Following the filing of the parties' competing motions seeking various forms of relief (Dkt. 30; Dkt. 39; Dkt. 47; Dkt. 57), the Court issued a Decision and Order on August 2, 2017, granting Defendant's motion for judgment on the pleadings and dismissing Plaintiff's Complaint based upon Defendant's perfect tender defense (Dkt. 71). On September 5, 2017, Plaintiff appealed the judgment entered against it. (Dkt. 73). On July 3, 2018, the Second Circuit issued a summary order vacating the judgment and remanding the case for this Court to consider Plaintiff's motion for contract reformation before addressing Defendant's perfect tender defense. (Dkt. 74).
On December 5, 2018, Plaintiff filed a motion for default judgment based on Defendant's failure to appear through counsel as directed by the Court. (Dkt. 89). On May 6, 2019, the Court issued a Decision and Order, granting Plaintiff's motion for a default judgment, and directing the Clerk of Court to enter judgment in favor of Plaintiff and to close the case. (Dkt. 92). The Clerk of Court entered default judgment in favor of Plaintiff on May 7, 2019 (Dkt. 93), and the case was terminated on May 8, 2019. On the same day the case was closed, Plaintiff filed a motion to alter the judgment. (Dkt. 94). Plaintiff requests that the Court delete the language in its May 6, 2019, Decision and Order directing the Clerk of Court to close the case. (Dkt. 94-1 at 1). Plaintiff seeks this relief because it intends to pursue post-judgment discovery and will likely need the Court's assistance in obtaining the discovery it seeks pursuant to the Federal Rules of Civil Procedure. (Id. ).
The Court interprets Plaintiff's application as a motion to reopen the case to seek post-judgment discovery. For the following reasons, Plaintiff's motion (Dkt. 94) is denied because the case need not be reopened in order for Plaintiff to seek post-judgment discovery.
DISCUSSION
I. Legal Standard
"Post-judgment discovery is governed by Federal Rule of Civil Procedure 69...." EM Ltd. v. Republic of Argentina ,
Plaintiff has moved to alter or amend the Judgment in order to reopen this case. (Dkt. 94). Plaintiff argues "it has reason to believe that it will need the Court's assistance in compelling post-judgment discovery," and for this reason requires the case to remain open. (Dkt. 94-1 at 1). "After entering a judgment, a district court retains ancillary jurisdiction to ensure the judgment's execution." Peach REO, LLC v. Rice , No. 12-02752,
Put simply, the fact that a case has been closed or terminated is "not an obstacle to postjudgment discovery." United States v. Chazen , No. 3:08-CV-2314 FLW DEA,
[A] judgment is defined as "a court's final determination of the rights of the parties in a case," while a judgment creditor is defined as "[a] person having a legal right to enforce execution of a judgment for a specific sum of money." It is axiomatic, therefore, that a person can not [sic] be a judgment creditor without there being a judgment. And upon the entry of a judgment, a case will be considered on the docket to be closed and/or settled.
*221In reaching this conclusion, the Court does not opine upon whether post-judgment discovery is appropriate or, assuming arguendo that it is, what the proper scope of any such discovery might be in this case. In other words, any future discovery disputes will be decided as they arise. However, the fact that this action was closed after Judgment was entered pursuant to the Court's May 6, 2019, Decision and Order does not impede Plaintiff from seeking relief from this Court in connection with post-judgment discovery. See Iron Workers Dist. Council of W. N.Y. & Vicinity Pension Fund ,
CONCLUSION
For the foregoing reasons, Plaintiff's motion to alter the Judgment (Dkt. 94) is denied.
SO ORDERED.
Reference
- Full Case Name
- FIRST TECHNOLOGY CAPITAL, INC. v. AIRBORNE, INC. d/b/a Firstflight
- Cited By
- 5 cases
- Status
- Published