Bond Safeguard Insurance Company v. Jimmy Camp Development, Inc. et al

Filing 40

ORDER REGARDING GARNISHMENT. Plaintiff's 38 Motion for Court Order on Garnishment Answer is granted. The Clerk's Office is directed to enter judgment in favor of Defendant Jimmy Camp Development, Inc. and against garnishee Cumberland Green Metropolitan District for the use of Plaintiff Bond Safeguard Insurance Company in the amount of $333,493.52. By Judge Christine M. Arguello on 6/19/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-02547-CMA-KLM
BOND SAFEGUARD INSURANCE COMPANY,
Plaintiff,
v.
JIMMY CAMP DEVELOPMENT, INC.,
a/k/a JIMMY CAMP DEV., INC., a/k/a known as JIMMY CAMP, LLC,
ALLEN D. VAN WHYHE,
CARY L. CARPENTER, and
GEORGE KRAMER,
Defendants.

ORDER REGARDING GARNISHMENT

This matter is before the Court on Plaintiff’s Motion for Court Order on
Garnishment Answer (Doc. # 38). Upon review, the Court finds as follows:
Default judgment was entered in favor of Plaintiff and jointly and severally against
Defendants Jimmy Camp Development, Inc., Allen D. Van Whyhe, and Cary
L. Carpenter in the amount of $333,355.15 on January 25, 2012 (Doc. # 27). On May
22, 2012, the Clerk’s Office issued a Writ of Garnishment to Cumberland Green
Metropolitan District (the “District”), in the amount of $333,455.31 (Doc. # 34). On June
5, 2012, the District answered the Writ, and represented that the District owes
Defendant Jimmy Camp Development, Inc. (the judgment debtor) $1,200,000 (Doc.
# 36). The District further indicated that it does not claim any setoff against the owed
debt. Id. at 2. Thus, Plaintiff filed the Motion at hand, requesting that the Court enter

judgment in favor of Defendant Jimmy Camp Development, Inc. and against the
garnishee District in the amount of $333,493.52 (which includes interest), and order
that the District pay such amount into the Court registry for disbursement.1 See Doc.
# 38.
Pursuant to Fed. R. Civ. P. 69 and Colo. R. Civ. P. 103 §4(f)(1),2 it is hereby
ORDERED that the Motion (Doc. # 38) is GRANTED. The Clerk’s Office is
directed to enter judgment in favor of Defendant Jimmy Camp Development, Inc. and
against garnishee Cumberland Green Metropolitan District for the use of Plaintiff Bond
Safeguard Insurance Company in the amount of $333,493.52. It is
FURTHER ORDERED that garnishee Cumberland Green Metropolitan District
shall pay the amount of the judgment, $333,493.52, into the Court registry pursuant to
D.C.COLO.LCivR 67.2A. Any request for disbursement must be submitted pursuant to
D.C.COLO.LCivR 67.2D.
DATED: June

19

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

1

The Motion was served on the District. (Doc. # 38 at 4.)

2

Pursuant to Fed. R. Civ. P. 69, Colorado law governs the enforcement of a money
judgment by writ. Pursuant to Colo. R. Civ. P. 103 § 4(f)(1),
If the answer to a writ of garnishment shows the garnishee is indebted to such
judgment debtor, the clerk shall enter judgment in favor of such judgment debtor
and against the garnishee for the use of the judgment creditor for the amount of
the indebtedness shown in such answer and order such amount paid into the
registry of the court. In no event shall any judgment against the garnishee be
more than the total amount due and owing on the judgment.

2