Skevofilax v. Quigley

I agree with the majority that a United States district court has ancillary jurisdiction to execute on its judgments.1 I further agree that Federal Rule of Civil Procedure 69 governs how that ancillary jurisdiction is to be exercised, namely “in accordance with the practice and procedure of the state in which the district court is held.” The “practice and procedure” in New Jersey, however, does not authorize what transpired in this case. Nor does Rule 13(g). Accordingly, I respectfully dissent.

A

New Jersey courts are authorized by statute to execute on judgments. The judgment debtor’s real…