Wells Fargo Bank, National Association v. Ronnie Gilley Construction Ozark, Inc., et al

Filing 51

CONDITIONAL JUDGMENT AND SHOW-CAUSE ORDER directing as follows: (1) The 42 motion for default judgment is granted; (2) Conditional judgment is entered against garnishee Keystone Land, LLC; (3) Garnishee Keystone Land, LLC shall, within 30 days, eit her show cause in writing as to why final judgment against garnishee Keystone Land, LLC should not be entered, or pay into the registry of the United States District Court, Montgomery, Alabama, sufficient funds, as prescribed in the writ of garnishment, on behalf of defendant Ronald E. Gilley. Signed by Honorable Judge Myron H. Thompson on 12/28/12. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

WELLS FARGO BANK, NATIONAL )
ASSOCIATION,
)
)
Plaintiff,
)
)
v.
)
)
RONNIE GILLEY CONSTRUCTION )
OZARK, INC. and RONALD E. )
GILLEY,
)
)
Defendants,
)
)
v.
)
)
KEYSTONE LAND, LLC,
)
)
Garnishee.
)

CIVIL ACTION NO.
1:11cv330-MHT
(WO)

CONDITIONAL JUDGMENT
AND SHOW-CAUSE ORDER
On January 10, 2012, final judgment was entered in
favor of plaintiff Wells Fargo Bank, National Association
(successor-by-merger
Association)

and

to

against

Wachovia
defendants

Bank,
Ronnie

National
Gilley

Construction Ozark, Inc. and Ronald E. Gilley, jointly
and severally, in the amount of $ 138,196.63.

On April

3,

2012,

a

writ

of

garnishment

was

issued

against

garnishee Keystone Land, LLC, claiming that Keystone Land
is either indebted to Gilley or is in possession or
control of Gilley’s funds.

Keystone Land has failed to

appear or answer the writ of garnishment.

On June 8,

2012, Wells Fargo moved this to court to enter a notice
of conditional judgment against Keystone Land, LLC.

On

June 12, 2012, this court ordered that Keystone Land show
cause

as

to

why

the

motion

should

not

conditional judgment entered against it.

be

granted

The time set

for Keystone Land to respond to the show-cause order has
expired and Keystone Land has not responded.
***
Accordingly, it is ORDERED as follows:
(1) The motion for default judgment (doc. no. 42) is
granted
(2) Conditional judgment is entered against garnishee
Keystone Land, LLC.
(2) Garnishee Keystone Land, LLC shall, within 30

2

days, either show cause in writing as to why final
judgment against garnishee Keystone Land, LLC should not
be entered, or pay into the registry of the United States
District Court, Montgomery, Alabama, sufficient funds, as
prescribed in the writ of garnishment, on behalf of
defendant Ronald E. Gilley.
DONE, this the 28th day of December, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE