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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 UV2, LLC, as successor in interest to) ) UV2, Inc., ) Plaintiff/Judgment-Creditor, ) ) ) vs. ) ) EMC Telecom Corporation, now known as) ) EMCT Acquisitions, Inc., ) Defendant/Judgment-Debtor. ) _________________________________ ) ) ) Digital Ventures, LLC, ) ) Garnishee. ) No. CV-10-01269-PHX-ROS ORDER 18 19 Pending before the Court is the Report and Recommendation of Magistrate Judge 20 Michelle H. Burns (“R&R”) (Doc. 46). No objection being filed, and having reviewed the 21 R&R, the underlying Writ of Garnishment, Answer, Objection to Answer and related briefs, 22 IT IS ORDERED the Report and Recommendation (Doc. 46) is ADOPTED. 23 IT IS FURTHER ORDERED the Writ of Garnishment against Garnishee Digital 24 Venture’s LLC is valid, that Plaintiff’s Objection to Garnishee’s Answer is granted, and that 25 Garnishee is indebted to Defendant/Judgment-Debtor EMC Telecom Corporation (“EMC”) 26 in an amount exceeding the balance owed on Plaintiff's Judgment against EMC. 27 IT IS FURTHER ORDERED the Clerk of the Court shall enter Judgment in favor 28 of Plaintiff/Judgment Creditor UV2, LLC and against Garnishee Digital Ventures, LLC for 1 the principal sum of $602,753.55 and that interest shall accrue on the foregoing sum at the 2 rate of 0.18% per annum from the date of this Judgment until it is fully paid. 3 DATED this 12th day of December, 2012. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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