Merchant Transaction v. Nelcela Incorporated, et al

Filing 975

ORDER GRANTING plaintiff's motion for charging order against the interest of defendant/judgment debtor Leonard Campagna and judgment debtor Helga Terry Campagna in the Arizona limited liability company registered as KLCADO, LLC 961 . ORDER DENYING all other requested relief as unnecessary re Adopting Report and Recommendation 974 . Signed by Judge Frederick J Martone on 10/5/11. (TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Merchant Transaction Systems, Inc.,
Plaintiff,

10
11

vs.

12
Nelcela, Inc., et al.,
13
Defendants.
14

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

No. CV 02-1954-PHX-FJM
ORDER

15
16
We have before us plaintiff's petition for a writ of execution in the form of a charging
17
order against the interest of Leonard Campagna and/or Helga Terry Campagna in
18
KLACADO, LLC and order to show cause (doc. 961). We also have before us the Report
19
and Recommendation, recommending that the motion be granted in part by issuing a
20
charging order and denied as to all other requested relief as unnecessary (doc. 974).
21
Judgment creditors POST Integrations, Inc., Ebocom, LLC, and Merchant Transaction
22
Systems, Inc. seek a charging order against the interest of defendants Leonard Campagna and
23
Helga Terry Campagna in KLACDO, LLC (doc. 961). No objections have been filed to the
24
Report and Recommendation. "The district judge must determine de novo any part of the
25
magistrate judge's disposition that has been properly objected to." Rule 72(b)(3), Fed. R.
26
Civ. P. When no objections are made, the district court may accept the recommendation
27
without review. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt
28

1

v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

2

We therefore adopt the

recommendation.

3

IT IS ORDERED GRANTING plaintiff's motion for a charging order against the

4

interest of defendant/judgment debtor Leonard Campagna and judgment debtor Helga Terry

5

Campagna in the Arizona limited liability company registered as KLCADO, LLC (doc. 961).

6

IT IS FURTHER ORDERED DENYING all other requested relief as unnecessary.

7

DATED this 5th day of October, 2011.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-