General Parts, Inc. v. Scotz

Filing 45

JUDGMENT as follows: (1) defendant Robert J. Scotz's 43 objections are overruled; (2) the United States Magistrate Judge's 42 recommendation is adopted; (3) plaintiff General Parts, Inc.'s 39 motion for summary judgment is grante d; (4) judgment is entered in favor of plaintiff General Parts, Inc. and against defendant Scotz; (5) it is Declared that one-half interest in the property at 615 Sheila Boulevard in Prattville, Alabama is set aside as fraudulently transferred; (5) p laintiff General Parts, Inc. shall have and recover from defendant Scotz the sum of $220,422.80. Ordered that costs are taxed against defendant Scotz, for which execution may issue. The Clerk is directed to enter this document on the civil doc ket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 10/21/08. (Attachments: # 1 Civil Appeals Checklist)(sl, ) Modified on 2/18/2009 to reflect that pursuant to 50 Order, Paragraph numbered 5 is ame nded to read as follows: "(5) It is DECLARED that one-half interest in the property at 615 Sheila Boulevard in Prattville, Autauga County, Alabama, more particularly described below, is set aside as fraudulently transferred: Lot 6, Block 9, replat of revised amended correction map of map of Prattville East Plat 2, as the same is recorded in Map Book 3 at Page 139, in the Office of the Judge of Probate of Autauga County, Alabama." (cc, )

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

GENERAL PARTS, INC., Plaintiff, v. ROBERT J. SCOTZ, Defendant.

) ) ) ) ) ) ) ) ) JUDGMENT

CIVIL ACTION NO. 2:07cv740-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Robert J. Scotz's objections (Doc. No. 43) are overruled. (2) The United States Magistrate Judge's

recommendation (Doc. No. 42) is adopted. (3) Plaintiff General Parts, Inc.'s motion for

summary judgment (Doc. No. 39) is granted.

(4) Judgment

is

entered

in

favor

of

plaintiff

General Parts, Inc. and against defendant Scotz. (5) It is DECLARED that one-half interest in the property at 615 Shelia Boulevard in Prattville, Alabama is set aside as fraudulently

transferred. (6) Plaintiff General Parts, Inc. shall have and recover from defendant Scotz the sum of

$ 220,422.80. It is further ORDERED that costs are taxed against defendant Scotz, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 21st day of October, 2007.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE