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ALTAIR S.R.L. v. HIS WIND, LLC, 5:15-cv-329-Oc-30PRL. (2016)

Court: District Court, M.D. Florida Number: infdco20160426a47 Visitors: 5
Filed: Apr. 25, 2016
Latest Update: Apr. 25, 2016
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . Before the Court is Plaintiff Altair S.R.L.'s motion for issuance of a writ of garnishment directed to Bank of America, N.A. (Doc 22), along with its motion to seal documents related to the issuance of the writ (Doc. 21), both of which have been filed under seal and which the Court construes as ex parte motions for a writ of garnishment. On February 25, 2016, a final default judgment was entered in favor of Plaintiff and against Defendant. (Do
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ORDER

Before the Court is Plaintiff Altair S.R.L.'s motion for issuance of a writ of garnishment directed to Bank of America, N.A. (Doc 22), along with its motion to seal documents related to the issuance of the writ (Doc. 21), both of which have been filed under seal and which the Court construes as ex parte motions for a writ of garnishment.

On February 25, 2016, a final default judgment was entered in favor of Plaintiff and against Defendant. (Doc. 17). Plaintiff now moves for a writ of garnishment to satisfy the outstanding judgment in the amount of $438,992.22, the full amount of which remains due and owing. Plaintiff believes that Defendant maintains one or more accounts with Bank of America, N.A.

Pursuant to Fed. R. Civ. P. 64, the Court must follow state law with regard to garnishment procedures. See Fed. R. Civ. P. 64. Chapter 77 of the Florida Statutes prescribes the procedure for issuance and enforcement of writs of garnishment. To obtain a writ of garnishment after judgment, Plaintiff is required to file a motion stating the amount of the judgment. See Fla. Stat. § 77.03. Plaintiff satisfied this requirement in its motion for the issuance of writ of garnishment to Bank of America, N.A. (Doc. 22).

After a writ is issued, under Fla. Stat. § 77.041(2), the plaintiff must serve a defendant with a copy of the writ of garnishment and a copy of the motion for writ of garnishment "within five business days after the writ is issued, or three business days after the writ is served on the garnishee, whichever is later." After serving the defendant with the writ and the motion, then the "plaintiff shall file in the proceeding a certificate of such service." Fla. Stat. § 77.041(2).

Plaintiff represents that this order should be sealed to preserve the element of surprise inherent in the issuance of a writ of garnishment. However, given the stringent standard for sealing a document and this Circuit's disfavor of such, the motion to seal is due to be denied. Romero v. Drummond Co., 480 F.3d 1234, 1246 (11th Cir. 2007).

Upon due consideration, Plaintiff's ex parte Motion for Writ of Garnishment (Doc. 22) is GRANTED and the Clerk is DIRECTED to issue the Writ of Garnishment attached to Plaintiff's motion (Doc. 22-1). Given the ex parte construction of the writ, the Motion to Seal (Doc. 21) is TERMINATED AS MOOT. The Clerk is DIRECTED to terminate Documents 21 and 22 and re-file them as ex parte motions.

DONE and ORDERED.

Source:  Leagle

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