M. CASEY RODGERS, Chief District Judge.
This cause is before the Court on the Chief Magistrate Judge's Second Report and Recommendation dated January 10, 2017 (ECF No. 671). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of the timely filed objections. ECF Nos. 673, 674, 675. Having considered the Report and Recommendation, the timely filed objections and responses to objections, ECF No. 679, 680, the Court finds that the Report and Recommendation should be adopted, in part, as follows.
The Court finds that the objection filed by Columbus Bank & Trust is well founded and due to be
No objection was filed as to the AFLAC continuing writ.
The Court
Accordingly, it is now
1. Part I and Part II. A. of the Chief Magistrate Judge's Second Report and Recommendation, ECF No. 671, are
2. The Motion for Entry of Final Judgment of Garnishment Against Garnishee, American Family Life Insurance Company of Columbus ("AFLAC"), filed by Federal Deposit Insurance Corporation, as Receiver for GulfSouth Private Bank ("FDIC-R") (ECF No. 655) is
(a) The Clerk is directed to enter a Final Judgment of Garnishment in favor of the FDIC-R and against AFLAC;
(b) The total amount of funds deposited by AFLAC and currently held in this Court's registry as of this date is $30,882.18 (with interest of $44.72, which continues to accrue) shall be disbursed to the Federal Deposit Insurance Corporation, as Receiver for GulfSouth Private Bank, and delivered to Theodore R. Howell, c/o Barron & Redding, P.A., 220 McKenzie Avenue, Panama City, FL 32401;
(c) AFLAC is required to pay over to the FDIC-R the total amount of funds it has withheld from Amos's earnings (which totaled $33,892.26 as of October 24, 2016, the date the FDIC-R filed the instant motion) plus amounts withheld since that date;
(d) All future payments by AFLAC pursuant to the continuing writ of garnishment shall be made payable to the Federal Deposit Insurance Corporation, as Receiver for GulfSouth Private Bank, and delivered to Theodore R. Howell, c/o Barron & Redding, P.A., 220 McKenzie Avenue, Panama City, FL 32401, until the judgments against William L. Amos is satisfied; and
(e) AFLAC's monthly payments totaling $25,000 to its Market Director Deferred Compensation Plan shall be included in the garnishment calculation and resulting payments.
3. William L. Amos's "Motion to Dissolve Writs of Garnishment" as to UBS Financial Services Inc. and UBS Bank USA, Inc. (ECF No. 571) is
4. The FDIC-R's "Motion for Entry of Final Judgment of Garnishment Against Garnishee, UBS Financial Services Inc. and UBS Bank USA, Inc." (ECF No. 656) is
5. William L. Amos' "Motion to Dissolve Writ of Garnishment Columbus Bank & Trust [("CB&T")]" (ECF No. 574) is
6. The Motion to Intervene filed by the William Lafayette Amos III Trust Dated 10/22/2015 and William L. Amos, III Trust Dated 12/12/2012 (ECF No. 676) is