Zurich American Insurance Company v. Fikes Truck Line, LLC

Filing 73

ORDER granting 68 Motion for Order to Garnishee BancorpSouth Bank. Upon payment, BancorpSouth shall be discharged from all liability on Plaintiff's Writ of Garnishment. (See Order for specifics.) Signed by Honorable Susan O. Hickey on August 15, 2016. (mll)

Download PDF
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 BANCORPSOUTH BANK GARNISHEE ORDER Before the Court is a Motion for Order to Garnishee BancorpSouth Bank (“BancorpSouth”), filed by Plaintiff Zurich American Insurance Company. (ECF No. 68). No party has filed a response or objection to the motion. 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 May 24, 2016, Plaintiff issued a Writ of Garnishment as to BancorpSouth. (ECF No. 65). BancorpSouth filed an answer, stating that it is holding funds owed to Defendant in the amount of $26.60. (ECF No. 67). Plaintiff requests that the Court direct BancorpSouth to pay $26.60 to the Plaintiff and discharge BancorpSouth of further liability on the writ upon delivery of payment to Plaintiff. Upon review, the Court finds that the Motion for Order to Garnishee (ECF No. 68) should be and hereby is GRANTED. Garnishee BancorpSouth is hereby ordered to pay $26.60 to Zurich American Insurance Company and deliver the payment to the Plaintiff’s attorney within fourteen (14) days of the date of this Order. Upon payment of said amount, BancorpSouth shall be discharged from all liability on Plaintiff’s Writ of Garnishment. IT IS SO ORDERED, this 15th day of August, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?