Zurich American Insurance Company v. Fikes Truck Line, LLC

Filing 61

ORDER granting 49 Motion for Order to Garnishee; granting 59 Motion for Order to Garnishee Hope Water & Light Company. (See Order for specifics.) Signed by Honorable Susan O. Hickey on March 28, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ZURICH AMERICAN INSURANCE COMPANY
v.

PLAINTIFF

Case No. 15-cv-4019

FIKES TRUCK LINE, LLC

DEFENDANT
ORDER

Before the Court is a Motion for Order to Garnishee Unclaimed Property Division, a/k/a State
of Arkansas Auditor of State (ECF No. 49) and a Motion for Order to Garnishee Hope Water & Light
(ECF No. 59), both filed by Plaintiff Zurich American Insurance Company. No party has filed a
response or objection to the motions.
Plaintiff filed its Complaint against Defendant on February 13, 2015. (ECF No. 1). The parties
subsequently informed the Court that a settlement had been reached in the matter. On October 29,
2015, the Court entered an Order dismissing the case pursuant to the terms of the settlement agreement.
(ECF No. 16). Plaintiff then filed applications for Writs of Garnishment, as the total amount of the
judgment had yet to be satisfied. (ECF No. 37).
On January 26, 2016, Plaintiff issued a Writ of Garnishment as to the Arkansas Auditor of State
and the State of Arkansas. (ECF No. 38 & 47). The Office of the Auditor of State filed an answer
(ECF No. 48), and it stated that it is custodian of four properties escheated to it’s Unclaimed Property
Division as follows:
Property No.

Received from

Date

Amount

10750818

Ceridian Corporation

Oct. 30, 2006

$170.00

10856499

Ceridian Corporation

Oct. 30, 2007

$138.31

20646396

Coca-Cola Refreshment

Oct. 31, 2013

$9.91

20868228

Coca-Cola Refreshment

Nov. 4, 2014

$6.34

Total

$324.56

Plaintiff requests that the Court direct the Office of Auditor of State to pay $324.56 to the Plaintiff and
discharge the Garnishee of further liability on the writs upon delivery of the payment to the Plaintiff.
On January 26, 2016, Plaintiff also issued a Writ of Garnishment as to Hope Water and Light.
(ECF No. 46). Garnishee Hope Water & Light filed an amended answer. (ECF No. 57). Hope Water
and Light stated under oath that it is holding funds owed to Defendant Fikes Truck Line, LLC in the
amount of $580.98. Plaintiff requests that the Court direct Hope Water and Light to pay the amount
owed to the Plaintiff and further discharge it of any further liability upon delivery of payment.
Upon review, the Court finds that the Motions for Order to Garnishee (ECF No. 49 & 59)
should be and hereby are GRANTED. Garnishee Office of Auditor of State for the State of Arkansas
is hereby ordered to pay $324.56 to Zurich American Insurance Company and deliver the payment to
the Plaintiff’s attorney. Garnishee Hope Water & Light is hereby ordered to pay Zurich American
Insurance Company the amount of $580.98 and deliver the payment to Plaintiff’s attorney. Upon
payment of said amounts, said Garnishees shall be discharged from all liability on the Plaintiff’s Writs
of Garnishment.
IT IS SO ORDERED, this 28th day of March, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge