PepsiCo, Inc., et al v. Lost Potros Distribution Center, LLC, et al

Filing 46

ORDER and JUDGMENT granting 43 Motion for Judgment on writ of garnishment. Judgment is entered on the writ of garnishment in favor of Plaintiffs and against Garnishee JPMorgan Chase Bank, N.A. in the amount of $30,894.75. Garnishee shall del iver to Plaintiffs $30,819.75, which represents the $30,894.75 Garnishee owes Defendants minus a $75.00 answer fee. Plaintiffs shall deliver a copy of this order and judgment to Defendants and Garnishee. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 10/21/08.(DMT, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) Los Potros Distribution Center, LLC, a ) ) limited liability company; and Santos ) Hernandez, an individual, ) ) Defendants. ) __________________________________) ) ) JPMorgan Chase Bank, N.A., ) ) Garnishee. ) ) PepsiCo, Inc., a North Carolina corporation; and The Concentrate Manufacturing Company of Ireland, also trading as Seven-Up International, a corporation,

No. CV-07-2425-PHX-DGC ORDER AND JUDGMENT

Plaintiffs obtained a default judgment of $60,000 and an award of attorneys' fees of more than $38,000 against Defendants. Dkt. ##20, 29. Plaintiffs have filed an application for judgment on writ of garnishment against JPMorgan Chase Bank, N.A. ("Chase"). Dkt. #43. The Court will grant the application. A writ of garnishment and summons directed to Chase was issued on July 10, 2008. Dkt. #38. Chase asserted in its answer to the writ that it owes Defendants $30,819.75 and that this amount was being withheld from Defendants pursuant to the writ. Dkt. #44-3 at 2.

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Chase further asserted that it had served its answer on Defendants on July 29, 2008. Id. Chase requested a $75 answer fee. Id. Defendants have not filed an objection to Chase's answer to the writ. Nor have they filed a response to Plaintiffs' application for judgment on the writ. IT IS THEREFORE ORDERED: 1. Plaintiffs' application for judgment on writ of garnishment (Dkt. #43) is granted. 2. Pursuant to Rule 69 of the Federal Rules of Civil Procedure and A.R.S. § 121584, judgment is entered on the writ of garnishment in favor of Plaintiffs and against Garnishee JPMorgan Chase Bank, N.A. in the amount of $30,894.75. 3. Garnishee shall deliver to Plaintiffs $30,819.75, which represents the $30,894.75 Garnishee owes Defendants minus a $75.00 answer fee. 4. Plaintiffs shall deliver a copy of this order and judgment to Defendants and Garnishee. 5. The Clerk is directed to terminate this action.

DATED this 21st day of October, 2008.

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