S.E. PROPERTY HOLDINGS, LLC
DONALD KEITH CHUNN, ET AL.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20126508 HONORABLE JULES D. EDWARDS, III,
Camille Perret, Jr., Jude C. David, Perret Doise L.L.C.,
COUNSEL FOR DEFENDANTS/APPELLEES: XLCB, LLC, 1129 Eleonore,
Michael D. Hebert James P. Doherty, III Stuart R. Breaux
Becker & Hebert, LLC COUNSEL FOR PLAINTIFF/APPELLANT:
S.E. Property Holdings, LLC
Joseph Lukinovich Attorney at Law COUNSEL FOR
DEFENDANTS/APPELLEES: 1129 Eleonore, LLC, XLCB, LLC
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
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
composed of John D. Saunders, Billy Howard Ezell, and Phyllis
M. Keaty, Judges.
D. SAUNDERS JUDGE.
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.
who are not parties in the underlying suit, subsequently
filed motions to quash the subpoenas duces tecum. The trial
court granted Movants' motions.
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.
AND PROCEDUREAL HISTORY:
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.
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.
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
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 ...