Filed: Jul. 26, 2012
Latest Update: Jul. 26, 2012
Summary: ORDER AND REPORT AND RECOMMENDATION DAVID A. BAKER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motions filed herein: MOTION: MOTION TO DISSOLVE WRITS OF GARNISHMENT (Doc. No. 145) FILED: June 13, 2012 THEREON it is ORDERED that the motion is DENIED as moot. MOTION: MOTION FOR SUMMARY JUDGMENT OF GARNISHMENT — BANK OF AMERICA ACCOUNTS 9654, 1636, 0394 (Doc. No. 150) FILED: June 14, 2012 THERE
Summary: ORDER AND REPORT AND RECOMMENDATION DAVID A. BAKER, Magistrate Judge. TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motions filed herein: MOTION: MOTION TO DISSOLVE WRITS OF GARNISHMENT (Doc. No. 145) FILED: June 13, 2012 THEREON it is ORDERED that the motion is DENIED as moot. MOTION: MOTION FOR SUMMARY JUDGMENT OF GARNISHMENT — BANK OF AMERICA ACCOUNTS 9654, 1636, 0394 (Doc. No. 150) FILED: June 14, 2012 THEREO..
More
ORDER AND REPORT AND RECOMMENDATION
DAVID A. BAKER, Magistrate Judge.
TO THE UNITED STATES DISTRICT COURT
This cause came on for consideration without oral argument on the following motions filed herein:
MOTION: MOTION TO DISSOLVE WRITS OF GARNISHMENT
(Doc. No. 145)
FILED: June 13, 2012
THEREON it is ORDERED that the motion is DENIED as moot.
MOTION: MOTION FOR SUMMARY JUDGMENT OF
GARNISHMENT — BANK OF AMERICA ACCOUNTS
9654, 1636, 0394 (Doc. No. 150)
FILED: June 14, 2012
THEREON it is RECOMMENDED that the motion be DENIED as moot,
pursuant to the parties' Stipulation. Doc. 175.
MOTION: AMENDED MOTION TO DISSOLVE WRITS OF
GARNISHMENT (Doc. No. 166)
FILED: July 3, 2012
THEREON it is ORDERED that the motion is DENIED as moot.
Plaintiffs who hold judgments against Defendant Franklin obtained writs of garnishment against three Bank of America accounts1 among others now dismissed2. Plaintiffs sought summary judgment on the garnishments, and Franklin sought to dissolve the writs. The parties have reached a Stipulation regarding disposition of the $9,217.75 in the three accounts.
It is respectfully RECOMMENDED that Plaintiffs' Motion for Summary Judgment of Garnishment — Bank of America Accounts 9654, 1636, 0394 be DENIED as moot and the Clerk be directed to enter a final judgment of garnishment against Bank of America, N.A., to disburse the sum of $9,217.75 as follows: (1) $7,217.75 to Plaintiffs, care of their counsel of record; and, (2) $2,000 to Kenneth W. Franklin, Jr., care of his counsel of record. See Doc. 175.
The hearing scheduled for July 27, 2012 is cancelled.
Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
