UV2, LLC v. EMC Telecom Corporation

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION 46 . The Writ of Garnishment against Garnishee Digital Venture's LLC is valid, that Plaintiff's Objection to Garnishee's Answer is granted, and that Garnishee is indebted to Defendant/Judgmen t-Debtor EMC Telecom Corporation ("EMC") in an amount exceeding the balance owed on Plaintiff's Judgment against EMC. That the Clerk of the Court shall enter Judgment in favor of Plaintiff/Judgment Creditor UV2, LLC and against Garnish ee Digital Ventures, LLC for the principal sum of $602,753.55 and that interest shall accrue on the foregoing sum at the rate of 0.18% per annum from the date of this Judgment until it is fully paid. Signed by Chief Judge Roslyn O Silver on 12/12/12. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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UV2, LLC, as successor in interest to)
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UV2, Inc.,
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Plaintiff/Judgment-Creditor, )
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vs.
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EMC Telecom Corporation, now known as)
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EMCT Acquisitions, Inc.,
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Defendant/Judgment-Debtor. )
_________________________________ )
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Digital Ventures, LLC,
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Garnishee.
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No. CV-10-01269-PHX-ROS
ORDER

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Pending before the Court is the Report and Recommendation of Magistrate Judge

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Michelle H. Burns (“R&R”) (Doc. 46). No objection being filed, and having reviewed the

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R&R, the underlying Writ of Garnishment, Answer, Objection to Answer and related briefs,

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IT IS ORDERED the Report and Recommendation (Doc. 46) is ADOPTED.

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IT IS FURTHER ORDERED the Writ of Garnishment against Garnishee Digital

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Venture’s LLC is valid, that Plaintiff’s Objection to Garnishee’s Answer is granted, and that

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Garnishee is indebted to Defendant/Judgment-Debtor EMC Telecom Corporation (“EMC”)

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in an amount exceeding the balance owed on Plaintiff's Judgment against EMC.

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IT IS FURTHER ORDERED the Clerk of the Court shall enter Judgment in favor

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of Plaintiff/Judgment Creditor UV2, LLC and against Garnishee Digital Ventures, LLC for

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the principal sum of $602,753.55 and that interest shall accrue on the foregoing sum at the

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rate of 0.18% per annum from the date of this Judgment until it is fully paid.

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DATED this 12th day of December, 2012.

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