Nassar et al v. Jackson et al

Filing 126

ORDER denying without prejudice 121 Plaintiff's Motion for Issuance of a writ of execution. Plaintiffs may obtain a writs of execution by applying directly to the Clerk of the Court. Plaintiffs must draft a writ of execution and present it to the Clerk of the Court for the Clerks review and endorsement. Signed by Judge Susan Webber Wright on 2/14/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RAY NASSAR and GENA SMITH,
Plaintiffs
V.
EARNESTINE JACKSON, individually
and in her official capacity as a Hughes
School Board Member, ET AL.

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NO: 3:11CV00133 SWW

Defendants
ORDER
Before the Court is Plaintiffs’ motion for writs of execution (docket entry #121). After
careful consideration, and for reasons that follow, the motion is denied without prejudice to
Plaintiffs’ right to make an application directly to the Clerk of the Court.
Rule 69(a)(1) of the Federal Rules of Civil Procedure1 provides: “A money judgment is
enforced by a writ of execution, unless the court directs otherwise. The procedure on
execution--and in proceedings supplementary to and in aid of judgment or execution--must
accord with the procedure of the state where the court is located, but a federal statute governs to
the extent it applies.” Fed. R. Civ. P. 60(a)(1). Additionally, Rule 69(a)(2) provides that “[i]n
aid of the judgment or execution, the judgment creditor . . . may obtain discovery from any
person–including the judgment debtor–as provided in these rules or by the procedure of the state
where the court is located.” Fed. R. Civ. P. 69(a)(2).
Plaintiffs may obtain a writs of execution by applying directly to the Clerk of the Court.
In making an application for a writ of execution, Plaintiffs must draft a writ of execution and

1

Rule 69 of the Federal Rules of Civil Procedure governs money judgments, and Rule 70
governs the enforcement of non-money judgments.

present it to the Clerk of the Court for the Clerk’s review and endorsement. In preparing a writ,
Plaintiffs may find it helpful to refer to the format set forth under Ark. Code. Ann. § 16-66104(a).2
For the reasons stated, Plaintiffs’ motion for issuance of a writ of execution (docket entry
#121) is DENIED without prejudice to Plaintiffs’ right to make an application to the Clerk of the
Court for a writ of execution as set forth above.
IT IS SO ORDERED THIS 14TH DAY OF FEBRUARY, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2

Section 16-66-104(a) sets forth a general form that may be used as a guide and changed
to suit each particular case. For example, a writ of execution in this case would be directed to
the United States Marshal of the Eastern District of Arkansas, rather than a state officer.
2