Vision Bank v. Herbert

Filing 60

CONDITIONAL JUDGMENT AGAINST GARNISHEE AND NOTICE TO GARNISHEE, entering conditional judgment against garnishee, Phoenix West II, LLC, in the sum of $1,584,838.02, unless within 30 days of service of process, Phoenix West II, LLC appears and shows cause why this conditional judgment should not be made final and absolute; and directing the U.S. Marshal to serve the conditional judgment and notice on garnishee, and make proper return to this court. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab) (mab) (Additional attachment(s) added on 7/2/2014: #1 USM Receipt) (mab). VACATED per #69 Order (sdb).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS, LLC, 1
Plaintiff,
vs.
JULE R. HERBERT, JR.,
Defendant,
PHOENIX WEST II, LLC,
Garnishee.

)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 11-0089-CG-M

CONDITIONAL JUDGMENT AGAINST GARNISHEE
AND NOTICE TO GARNISHEE
This cause is before the court on the plaintiff’s Motion for Conditional
Judgment Against Garnishee (Doc. 52).
It appearing to the court that on October 11, 2011, a Consent Judgment (Doc.
24) was entered in favor of plaintiff, Vision Bank, and against defendant, Jule R.
Herbert, Jr., for the sum of $1,580,482.62, and that a Writ of Garnishment (Doc. 47)
on the judgment was duly issued in this cause by the clerk of this court, and duly
served upon the garnishee on April 29, 2014 pursuant to the United States
Marshal’s return of service (Doc. 49), and that the garnishee has failed to file an
Answer thereto within the time required by law;
1

SE Property Holdings, LLC is the successor to Vision Bank as the result of a merger on
February 16, 2012 (see exhibit to Doc. 27), and was substituted as the party plaintiff in this
action pursuant to Rule 25(c) of the Federal Rules of Civil Procedure on March 7, 2012 (Doc.
28).

IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by the court
that the plaintiff have and recover of the garnishee, Phoenix West II, LLC, the sum
of $1,584,838.02, ($1,580,482.62 plus post judgment interest in the amount of
$4,355.40), unless within thirty (30) days of service of process of this Conditional
Judgment against Garnishee and Notice to Garnishee, Phoenix West II, LLC
appears and shows cause why this conditional judgment should not be made final
and absolute.
The United States Marshal or any of his authorized Deputies is ORDERED
to serve this Conditional Judgment against Garnishee and Notice to Garnishee on
Garnishee, Phoenix West II, LLC at 1090 Industrial Drive, Saraland, Alabama
36571, and make proper return to this court.
DONE and ORDERED this 2nd day of July, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE