Branch Banking and Trust Company v. EBR Investments LLC et al

Filing 88

MEMORANDUM OPINION AND CONDITIONAL JUDGMENT Based on the foregoing and in accordance with Fed. R. Civ. Proc. 69, plaintiffs motion is GRANTED and CONDITIONAL JUDGMENT is entered in favor of plaintiff and against garnishee in the amount of $3,396,177.64 plus post-judgment interest at the rate of $392.85 per day. Signed by Judge William M Acker, Jr on 9/23/15. (SAC )

FILED
2015 Sep-23 AM 11:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANCH BANKING AND TRUST,
CO.,

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}
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Plaintiff,
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v.
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EBR INVESTMENTS LLC, et al., }
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Defendants,
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DUDLEY, HOPTON-JONES, SIMS, & }
FREEMAN, PLLP,
}
}
Garnishee.
}

CIVIL ACTION NO.
2:14-CV-01578-WMA

MEMORANDUM OPINION AND CONDITIONAL JUDGMENT
Garnishee Dudley, Hopton-Jones, Sims & Freeman, PLLP was
personally served a writ of garnishment (Doc. 74) on August 4, 2015
at 1:30 PM by the U.S. Marshall. (Doc. 80).

Federal Rule of Civil

Procedure 69(a)(1) directs that the procedure for execution “must
accord with the procedure of the state where the court is located.”
See Zelaya/Capital Int'l Judgment, LLC v. Zelaya, 769 F.3d 1296,
1303 (11th Cir. 2014).

Thus, Alabama execution procedure governs.

Under ALA. CODE § 6-6-393, upon service of the writ, the garnishee
is required to appear and file an answer within 30 days.

Per ALA.

CODE § 6-6-457, conditional judgment “must” be entered against a
garnishee who fails to timely appear and answer. Because more than
30 days have passed since garnishee received actual notice, and
because garnishee has not made an appearance or filed an answer

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(the deadline being September 3, 2015), entry of a conditional
judgment

is

mandatory.

Plaintiff

has

filed

a

motion

for

conditional judgment. (Doc. 87).
Based on the foregoing and in accordance with Fed. R. Civ.
Proc. 69, plaintiff’s motion is GRANTED and CONDITIONAL JUDGMENT is
hereby entered in favor of plaintiff and against garnishee in the
amount of $3,396,177.64 plus post-judgment interest at the rate of
$392.85 per day.

The clerk is directed to issue to garnishee

notice of the conditional judgment granted herein.

DONE this 23rd day of September, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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