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S.E. Property Holdings, LLC v. Chunn

Court of Appeals of Louisiana, Third Circuit

November 8, 2017

S.E. PROPERTY HOLDINGS, LLC
v.
DONALD KEITH CHUNN, ET AL.

         APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20126508 HONORABLE JULES D. EDWARDS, III, DISTRICT JUDGE.

          Henry Camille Perret, Jr., Jude C. David, Perret Doise L.L.C., COUNSEL FOR DEFENDANTS/APPELLEES: XLCB, LLC, 1129 Eleonore, LLC

          Michael D. Hebert James P. Doherty, III Stuart R. Breaux Becker & Hebert, LLC COUNSEL FOR PLAINTIFF/APPELLANT: S.E. Property Holdings, LLC

          David Joseph Lukinovich Attorney at Law COUNSEL FOR DEFENDANTS/APPELLEES: 1129 Eleonore, LLC, XLCB, LLC

          Albert Joseph Derbes IV Derbes, Ridge Lake Drive Metairie, COUNSEL FOR DEFENDANT/APPELLEE: Donald Keith Chunn

          Dorothy L. Tarver Taggart Morton, LLC Poydras Street, COUNSEL FOR PLAINTIFF/APPELLANT: S.E. Property Holdings, LLC

          Bryan Charles Reuter Benjamin P. Kahn, Stanley, Reuter, Ross, Thornton & Alford, L.L.C.

          COUNSEL FOR DEFENDANTS/APPELLEES: Southern Financial Services, LLC, Jenny Pharr Chunn 400M Enterprises, LLC, PDL Enterprises, LLC, Chunn Management, LLC, L&C of Louisiana, LLC, ACS Investments, LLC, ACC Credit, LLC, Cooper Services, LLC.

          Court composed of John D. Saunders, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

          JOHN D. SAUNDERS JUDGE.

         This matter arises out of a suit to collect a debt. Plaintiff, a judgment creditor of Defendant, issued subpoenas duces tecum propounded to third-party nonlitigants to discover sensitive financial records of various LLCs ("Movants"), in which Defendant is allegedly a member or manager, in an attempt to collect on a multimillion dollar judgment in favor of Plaintiff and against Defendant.

         Movants, who are not parties in the underlying suit, subsequently filed motions to quash the subpoenas duces tecum. The trial court granted Movants' motions.

         Plaintiff now appeal the trial court's ruling. Its argument is that pursuant to the general law governing discovery of records pertaining to non-parties, it, as judgment creditor, is entitled to discover the financial relationship between judgment debtor and Movants because the discovery sought is relevant and good cause exists for its production.

         FACTS AND PROCEDUREAL HISTORY:

         Plaintiff, S.E. PROPERTY HOLDINGS, LLC ("SEPH"), (successor in interest by merger with Vision Bank), is a judgment creditor of defendant, DONALD KEITH CHUNN ("Chunn"), pursuant to a deficiency judgment rendered against Chunn in the Circuit Court of Baldwin, Alabama, on July 9, 2010.

         Vision Bank initiated the underlying suit against Chunn by filing an ex parte petition to make the Alabama judgment executory in both the Civil District Court for Orleans Parish, and in the Fifteenth Judicial District Court for Lafayette Parish, in accordance with the Louisiana Enforcement of Foreign Judgment Act, La.R.S. 13:4241, et seq.

         The Orleans Parish trial court ordered SEPH'S judgment against Chunn be made executory in the Civil District Court for Orleans Parish. The deficiency judgment was also made executory in the Fifteenth Judicial District Court for Lafayette Parish.

         Seeking to enforce its rights as a judgment creditor, Vision Bank obtained a charging order against Southern Financial Services of Louisiana, LLC; ACS Investments, LLC; Chunn Management, LLC; L&C of Louisiana, LLC; and PDL Enterprises, LLC; in the Civil District Court for the Parish of Orleans. Pursuant to La.R.S. 12:1331 of the Louisiana Limited Liability Act, SEPH sought to charge ...


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