Equity Title, LLC v. Profyt Addyct, LLC

1 || MARILYN FINE, ESQ. Nevada Bar No. 5949 2 || E-mail: mfine@nevadafirm.com HOLLEY DRIGGS 3 || 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 4 || Telephone: 702/791-0308 Facsimile: 702/791-1912 [5] Attorneys for Plaintiff 6 || EQUITY TITLE, LLC, doing business as 7 || EQUITY TITLE OF NEVADA, [8] 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 || EQUITY TITLE, LLC, doing business as CASE NO. 2:20-cv-01639-APG-BNW EQUITY TITLE OF NEVADA, [13] 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 17 || 10 inclusive, 18 Defendants. — 19 20 PLEASE TAKE NOTICE that Plaintiff EQUITY TITLE, LLC, doing business as EQUITY 21 || TITLE OF NEVADA (‘Plaintiff’), will and hereby does move on an emergency basis, as soon as — 22 ||this matter can be heard, for a court order granting Plaintiff expedited discovery by Rule 45 23 || subpoena to non-party Bank of America, N.A. (“BofA”). This emergency motion is made pursuant 24 || to Local Rules 7-2 and 7-4, and is based upon the following Memorandum in support, the 25 || Declarations of Plaintiff and Plaintiffs counsel filed in support of this Motion, the Complaint of the 26 /// 27 /// 28 /// ] || Plaintiff, all of the filings, records and proceedings herein, and Rule 30 of the Federal Rules of Civil 9 || Procedure. 3 Dated this 11" day of September. [4] 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 [14] > 16 [19] * [28] 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 3 || Steven Gazlay (“Gazlay”), and his purported Limited Liability Company Profyt Addyct, LLC, have 4 || committed title fraud and wire fraud in addition to violating the Racketeering Influenced Corrupt 5 || 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 7 || escrow company, and a lender, purporting to own residential real property located in Las Vegas, 8 || and thereby causing a fraudulent wire transfer in the amount of $707,375.75 to the BofA account 9 || ending in 8373; an account which Gazlay controls. While attempts to seize the fraudulent loan 10 || 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 14 || 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 17 || further withdrawal or transfer of the loan proceeds, for the purpose of tracing and ultimately seeking 18 || to recover said funds. The court may authorize discovery before the Rule 26(f) meeting for “good 19 || 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 , 21 || 276 (N.D. Cal. 2002). 992 “Good cause” exists here in that Plaintiff must first learn where Gazlay has transferred the 23 || loan proceeds before Plaintiff can seek injunctive relief related to the location of the transferred 24 || funds. Here the funds themselves are evidence and may be consumed or destroyed by Gazlay before 25 ||a temporary restraining order or preliminary injunction may be sought. 26 /// [27] 28 | /// 1 This is a specific and limited discovery request where there is no alternative means of 2 || obtaining the information, and the adverse party, here the perpetrator of the fraud, has no compelling 3 || 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 14 || 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 [21] qa 23 BRENDA WEKSLER 24 UNITED STATES MAGISTRATE JUDGE [28] 4 Case No. 2:20-cv-01639