Travelers Casualty and Surety Company of America v. Peek et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION re: 20 Report and Recommendation. Defendants' Objection to the R&R (Doc. 21 ) is overruled. The Motion to Quash (Doc. 10 ) is denied. Signed by Judge Steven P Logan on 8/1/19. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Travelers Casualty and Surety
Company of America,

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Plaintiff,

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vs.

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Michael L Peek, et al.,

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Defendants.

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No. CV-18-00009-PHX-SPL
ORDER

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In July 2015, the United States Bankruptcy Court for the District of Nevada entered

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a stipulated judgment against Defendants and in favor of Plaintiff for $1,084,667.42 (Doc.

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1 at 2-3). Plaintiff registered the judgment in this Court in February 2018 (Doc. 4). A writ

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was issued for the garnishment of Judgment-Debtor Michael Peek’s non-exempt earnings

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at Morris-Shea Bridge Company, Inc. (“Garnishee”) (Doc. 6). Garnishee filed an Answer

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(Doc. 9), and the Defendants/Judgement-Debtors, Michael Peek and Brenda Peek, filed a

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Motion to Quash (Doc. 10).

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The Honorable Eileen S. Willett, United States Magistrate Judge, issued a Report

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and Recommendation (“R&R”) (Doc. 20), recommending that the Court deny the

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Judgment-Debtors’ Motion (Doc. 10). The Judgment-Debtors filed an Objection (Doc.

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21), and the Plaintiff/Judgement-Creditor filed a Response to the Objection (Doc. 22).

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The Court has undertaken an extensive review of the issues presented in the

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Objection (Doc. 21) and Response to the Objection (Doc. 22). Upon that review, the Court

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concludes that Magistrate Judge Willett’s recommendations are wholly supported. The

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Court thus adopts Judge Willett’s R&R and the underlying reasoning. Accordingly,
IT IS ORDERED that Magistrate Judge Eileen S. Willett’s Report and
Recommendation (Doc. 20) is accepted and adopted by the Court.
IT IS FURTHER ORDERED that Defendants’ Objection to the R&R (Doc. 21)
is overruled.

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IT IS FURTHER ORDERED that the Motion to Quash (Doc. 10) is denied.

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Dated this 1st day of August, 2019.

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Honorable Steven P. Logan
United States District Judge

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