Ondirsek et al v. Hoffman

Filing 382

ORDER for Sale of Properties Subject to 381 Fifth Writ of Execution. See Order for specifics. Signed by Honorable Barry A. Bryant on September 6, 2016. (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 FIFTH WRIT OF EXECUTION
Before the Court is the Fifth Writ of Execution (ECF No. 381) entered in the above-styled
and numbered cause. The Fifth Writ of Execution was entered on July 20, 2016. As stated in the
Fifth 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 31, 2016.” ECF No. 381 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
Fifth Writ of Execution. The date of August 31, 2016 has now passed. Because this deadline has
passed with no claims being filed, this property 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 of each 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.

Miller County, Arkansas:
1.

100 Pine Drive, Fouke, Arkansas

The legal description of this property is as follows:
Lot Number Two (2), Richland Hills Second Addition to the Town of Fouke, Miller
County, Arkansas.
ENTERED this 6th day of September 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE