American Airlines, Inc. v. In Charge Marketing, Inc. et al

Filing 70

ORDER granting 68 Plaintiff's Motion for Writ of Garnishment to Jessica R. Mayer, P.A., d/b/a The Mayer Law Firm. The Clerk of the Court is hereby directed to issue the Writ of Garnishment attached to the instant Motion [68-1] for the amount of $4,000,000. Signed by Magistrate Judge Sheri Polster Chappell on 4/12/2012. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

AMERICAN AIRLINES, INC., a
corporation
Plaintiff,
V.

Case No: 2:10-CV-467-FtM-29SPC

IN CHARGE MARKETING, INC.,
a Florida Corporation,
PETER SOTOLONGO,
also known as PEDRO SOTOLONGO,
RIGOBERTO SOTOLONGO,
PETER NAGY, JR., DANIEL MARSHALL,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Plaintiff's Motion for Writ of Garnishment to
Jessica R. Mayer, P.A., d/b/a The Mayer Law Firm (Doc. #68) filed on April 5, 2012.
Enforcement of a judgment shall be through writ of execution unless the court directs otherwise;
the court may order other remedies that accord with the procedure of the state where the court is
located. Fed. R. Civ. P. 69(a)(1)(2011). Florida law provides for the remedy of garnishment
pursuant to Fla. Stat. § 77.01 et. seq.; under the applicable Florida statutes, notice is provided to
a defendant after service of the Writ of Garnishment.

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On April 5, 2011, the Court entered a Final Default Judgment (Doc. # 22) in this case
against the Defendants Peter Sotolongo and Rigoberto Sotolongo, jointly and severally, in the
amount of $4,000,000. To date nothing has been paid on the Judgment, therefore, the Plaintiff
moves the Court for a Writ of Garnishment to collect on the Judgment upon Jessica R. Mayer,
P.A., d/b/a The Mayer Law Firm, who may have intangible personal property of Peter Sotolongo
in its possession, custody, or control.
Given that Final Judgment has been entered against the Defendant Peter Sotolongo, the
Court finds good cause to grant the Motion for Writ of Garnishment.
Accordingly, it is now
ORDERED:
Plaintiff's Motion for Writ of Garnishment to Jessica R. Mayer, P.A., d/b/a The Mayer
Law Firm (Doc. #68) is GRANTED.
The Clerk of the Court is hereby directed to issue the Writ of Garnishment attached to the
instant Motion (Doc. #68-1) for the amount of $4,000,000.
DONE and ORDERED in Fort Myers, Florida this 12th Day of April, 2012.

Copies: All Parties of Record
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