ELIZABETH A. KOVACHEVICH, District Judge.
This cause is before the Court on:
Garnishee USAmeribank moves to stay the Garnishment proceeding pending resolution of Impleader in Related Action or for Leave to Interplead Garnished Funds.
The Court notes that FTBB, LLC has withdrawn the Motion for Final Judgment in Garnishment (Dkt. 490) filed by Regions Bank, and the Stipulated Motion for Final Judgment in Garnishment as to funds held by Garnishee Larry S. Hyman, as post-confirmation trustee. FTBB, LLC denies that FTBB, LLC has withdrawn the Motion for Final Judgment in Garnishment as to the funds held by USAmeribank (Dkt. 561). However, in filing its Notice of Withdrawal, FTBB, LLC linked the Notice with both documents (Dkts. 560, 561) and therefore both documents were administratively terminated by the Clerk of the Court.
Plaintiff FTBB, LLC, Defendant Bing Charles W. Kearney, Jr. and Garnishee USAmeribank resolved all issues among those parties, and filed a proposed Stipulated Order. Travelers then notified the Court of its competing claim to the same funds.
FTBB, LLC argues that Travelers is not a party to any action pending before this Court, and Travelers' Writ of Garnishment "clearly does not have legal or statutory priority over Regions Bank's Writ of Garnishment." Regions Bank's Writ of Garnishment was returned executed on May 20, 2013 (Dkt. 206) and Travelers issued and served its Writ of Garnishment on September 26, 2014. FTBB, LLC asserts that the only unresolved issue, entitlement to attorney's fees and costs, has been resolved by USAmeribank's waiver, the Court should enter the Agreed Order and FTBB, LLC is entitled to the USAmeribank Garnished Funds. FTBB, LLC denies that there are competing claims, and there is no legal basis for the Court to defer entering the Agreed Order or a Final Judgment in Garnishment as to USAmeribank's Garnished Funds.
USAmeribank has moved for a stay, pending resolution of the competing claims in the related case. The Court notes that, in the related case, an order for proceedings supplementary has been granted; FTBB, LLC has been impleaded as a defendant in the related Case No. 8.09-CV-1850-T-30TBM for the purpose of post-Case judgment supplementary proceedings in aid of execution.
Based on the pending proceedings in Case No. 8:09-CV-1850-T-30TBM, the Court grants the Motion to Stay for sixty days. Plaintiff FTBB, LLC shall file a status report at that time, and a Motion to Reopen if appropriate. Accordingly, it is