BMO Harris Bank NA v. RAD Transportation LLC et al
Filing
54
ORDER denying without prejudice 52 Oral Motion for a creditor's bill. If it turns out that BMO Harris needs a creditor's bill as the Court is deciding this case, then the bank may renew its motion at the bench trial. Signed by Judge D. P. Marshall Jr. on 6/19/2018. (jak)
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IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BMO HARRIS BANK NA
PLAINTIFF/
CROSS-CLAIMANT
No. 3:16-cv-272-DPM
v.
RAD TRANSPORTATION LLC and
CHARLES S. BRIGHT
KARLA BRIGHT
DEFENDANTS
INTERVENOR/
CROSS-DEFENDANT
TOMMY WAGNER, JR. and TOMMY W.
WAGNERFARMSLLC
GARNISHEES
ORDER
BMO Harris' s oral motion for a creditor's bill, NQ 52 at 2, is denied
without prejudice. This case is no longer bogged down procedurally.
All interested parties are present and working toward a full decision on
the merits. BMO Harris' s remedy is a secondary question, which may
not arise. Plus, while this case moves toward trial, the installment
payments are being held in this Court's registry. NQ 52 at 1. If it turns
out that BMO Harris needs a creditor's bill as the Court is deciding this
case, then the bank may renew its motion at the bench trial.
So Ordered.
D.P. MarshallJr.
United States District Judge
-2-
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