Ondirsek et al v. Hoffman

Filing 378

ORDER for Sale of Properties Subject to 375 Fourth Writ of Execution. See Order for specifics. Signed by Honorable Barry A. Bryant on September 2, 2015. (cc: U.S. Marshals Service-Certified). (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SPENCER ONDRISEK and
SETH CALAGNA
vs.

PLAINTIFFS

Civil No. 4:08-cv-04113

BERNIE LAZAR HOFFMAN a/k/a
TONY ALAMO

DEFENDANT

ORDER FOR SALE OF PROPERTY SUBJECT TO FOURTH WRIT OF EXECUTION
Before the Court is the Fourth Writ of Execution (ECF No. 375) entered in the above-styled
and numbered cause on July 15, 2015. As stated in the Fourth Writ of Execution: “Any person or
entity asserting an ownership interest in this property must do so in writing. Any and all
claims of ownership in this property must be received by the Court on or before August 28,
2015.” ECF No. 375 at 2 (emphasis in the original). Despite this deadline, no written claims of
ownership have been filed as to the real property identified in the Fourth Writ of Execution. The date
of August 28, 2015 has now passed. Because this deadline has passed with no claims being filed,
these properties may be sold to satisfy the judgment against Defendant.1

IT IS, THEREFORE, ORDERED that the U.S. Marshal’s Office shall immediately advertise
and sell the following property in accordance with Ark. Code Ann. §§ 16-66-401 to 16-66-507, and
that the proceeds of the sale should be distributed first to the purchase money lienholder (if any) and
then to Plaintiffs pursuant to Ark. Code Ann. § 16-66-203(b)(2):

1 The Court has previously entered several fact-intensive orders related to Defendant and his

properties. See ECF Nos. 200-201, 335-336. The Court will not restate these findings here; but to the extent
they are relevant, they are also incorporated as a part of this Order.

Vacant Lot, Parcel 025-006-0, Fouke, Arkansas 71837
Lots 17, 18 and 19 of Richland Hills Second Addition to the Town of Fouke,
Miller County, Arkansas, being a part of the NE 1/4 of the NW 1/4 of Section
22, Township 17 South, Range 27 West, Miller County, Arkansas.
ENTERED this 2nd day of September 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE