Yuga Labs Inc v. Hickman ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 YUGA LABS, INC., Case No. 2:23-CV-111 JCM (NJK) 8 Plaintiff(s), ORDER 9 v. 10 RYAN HICKMAN, 11 Defendant(s). 12 13 Presently before the court is plaintiff Yuga Labs, Inc. (“plaintiff”)’s ex parte motion to 14 apply certain property toward satisfaction of the judgment entered against defendant Ryan 15 Hickman (“defendant”). (ECF No. 58). 16 This case involves a trademark dispute regarding the ownership of a non-fungible token 17 (“NFT”), which is a digital asset securely stored in an online wallet akin to cryptocurrency. 18 19 Default judgment was entered against defendant. (ECF No. 30). Plaintiff represents that 20 defendant has yet to tender any payment of the judgment. (ECF No. 58 at 1-2 n.1). Plaintiff now 21 asks the court to order defendant to surrender immediately two assets to plaintiff: (1) a BAYC 22 NFT, which is a digital asset; and (2) a 2021 Airstream—a high-end camper trailer. 23 Plaintiff’s motion is overly broad in asking for the relief sought. Specifically, because 24 25 judgment has already been entered against defendant, plaintiff has not sufficiently set the forth the 26 proper remedy or procedural vehicle by which it seeks to seize the assets in question. 27 It is not proper for the court to instruct plaintiff how to pursue this matter. See Couturier 28 v. Am. Invsco Corp., No. 2:12-cv-01104-APG-NJK, 2013 WL 4499008, at *3 (D. Nev. Aug. 20, 1 2013) (“[a] judge is the impartial umpire of legal battles, not a party’s attorney. He is neither 2 required to hunt down arguments the parties keep camouflaged, nor required to address 3 perfunctory and undeveloped arguments.”). 4 Thus, while a remedy does exist to secure the two assets outlined in the motion, plaintiff 5 6 must employ the correct procedural vehicle for doing so. 7 Accordingly, 8 IT IS HEREBY ORDERED that plaintiff Yuga Labs, Inc.’s ex parte motion to apply 9 certain property toward satisfaction of the judgment entered against defendant Ryan Hickman 10 (ECF No. 58) be, and the same hereby is, DENIED. 11 12 DATED June 14, 2024. 13 __________________________________________ 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28