SE Property Holdings, LLC v. White City Partners, LLC et al

Filing 8

ORDER GRANTING Plf's 7 Renewed Application for Issuance of Writ of Execution on Real Property as set out. The Clerk shall issue the Writ of Execution as set out. Signed by Senior Judge Callie V. S. Granade on 5/23/2016. (tot) (Additional attachment(s) added on 5/23/2016: # 1 USM Confirmation of Delivery) (tot).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS, LLC,
Plaintiff,
vs.
WHITE CITY PARTNERS, LLC, et
al.,
Defendant.

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MISC. NO. 16-0002-CG-M

ORDER
This matter having come before the Court on the Renewed Application for
Issuance of Writ of Execution on Real Property by SE Property Holdings, LLC (Doc.
7), and the Court having reviewed the Motion, and having determined that it is due
to be granted, it is hereby ORDERED, ADJUDGED and DECREED as follows:
1. The Renewed Application for Issuance of Writ of Execution on Real
Property, pursuant to F.R.C.P. 69(a) is hereby GRANTED.
2. These proceedings are governed by F.R.C.P. 69(a)(1), which incorporates
state law, embodied in Rule 69 of the Alabama Rules of Civil Procedure, and Ala.
Code §6-9-1, et seq.
3. Pursuant to these procedures, the Clerk shall issue the Writ of Execution
to the U.S. Marshal for the Southern District of Alabama, who is directed to forward
the writ of execution, notice of right to claim an exemption, and notice of sale to the

United States Marshal’s Office for the Northern District of Alabama, which Writ
shall be in the form of the proposed Writ attached to the Motion.
4. The U.S. Marshal for the Northern District of Alabama shall serve notice
of the sale pursuant to the Writ of Execution by sending said notice, in the form of
proposed notice attached to the Motion, and a copy of the Notice of Right to Claim
Exemption from Execution, by personal service to the last known address of Michael
L. Hammond, pursuant to A.R.C.P. 69(c), or posting said notice at his residence.
The last known address for Michael L. Hammond is Post Office Box 1286, Port St.
Joe, Florida 32457.
5. The Writ of Execution shall include the real property described in the
Motion.
6. The U.S. Marshal for the Northern District of Alabama shall deduct its
commission and fees as set forth in Title 28, U.S.C. § 1921 from the proceeds of the
sale if advance deposit, to be provided by the Plaintiff, does not cover same.
7. The U.S. Marshal shall schedule the sale under the Writ of Execution on
any Monday, at the Courthouse of Cleburne County, Alabama, in Heflin, Alabama,
pursuant to Ala. Code §6-9-86, during the legal hours of sale.
8. The U.S. Marshal for the Northern District of Alabama shall publish
notice of the sale pursuant to the Writ of Execution in a newspaper, once a week for
three (3) successive weeks, pursuant to Ala. Code §6-9-87. Pursuant to Ala. Code
§6-9-82, the U.S. Marshal shall also post written notice of the sale pursuant to the

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Writ of Execution at the Courthouse door of Cleburne County, Alabama at least
thirty (30) days prior to the sale.
9. The U.S. Marshal for the Northern District of Alabama shall conduct the
sale upon the designated date, and upon compliance by the purchaser with the
terms of the sale, and payment of the fees, costs and expense of the sale, shall
execute a deed for the real estate sold and deliver the same to the purchaser within
five (5) days of the date of the sale.
10. SE Property Holdings, LLC shall be entitled to a credit bid at any sale up
to the amount of its judgment, together with all interest, costs, fees, and expenses of
sale.
11. In the event that the successful bidder at the sale of the property fails to
deliver payment in accordance with the terms of this order, the property shall be
offered for sale in the same manner as provided for in this initial sale.
12. The U.S. Marshal for the Northern District of Alabama shall execute the
Writ of Execution with diligence, and shall perform the mandate herein and make
return of his acts to the Clerk as soon as practicable, and not later than ninety (90)
days from the date of execution.
13. The Writ of Execution, attached hereto, shall be issued by the Clerk of
the United States District Court for the Southern District of Alabama.
DONE and ORDERED this 23rd day of May, 2016.

/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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