Claytor v. The Mojo Grill and Catering Co of Belleview, LLC. et al

Filing 13

ORDER granting in part and denying in part 12 Plaintiff's Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 2/6/2015. (AR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION STEVEN CLAYTOR, individually and on behalf of all other similarly situated Plaintiff, v. Case No: 5:14-cv-411-Oc-30PRL THE MOJO GRILL AND CATERING CO OF BELLEVIEW, LLC., CABANA’S CATERING, LLC and RONDO FERNANDEZ Defendants. ORDER This matter is before the Court on Plaintiff’s motion for writs of garnishment. (Doc. 12). On October 28, 2014, Plaintiff obtained a final default judgment against Defendants Cabana’s Catering, LLC, Rondo Fernandez, and The Mojo Grill and Catering Co. of Belleview, LLC in the amount of $16,957.50. (Doc. 11). The judgment remains unsatisfied. Plaintiff asks the Court to issue writs of garnishment on Garnishees, Bank of America and Regions Bank, which may possess monies belonging to Defendants. Upon due consideration, Plaintiff’s motion is GRANTED. The Clerk shall issue the writs of garnishment and notices attached to the motion. Plaintiff is reminded that he is required to comply with the notice requirements of §77.041, Florida Statutes. Without any explanation, Plaintiff also attaches to his motion a writ of execution that he presumably wants the Court to issue. That request is DENIED without prejudice to renewal upon the filing of a motion specifically requesting such relief and providing a legal memorandum supporting its issuance. DONE and ORDERED in Ocala, Florida on February 6, 2015. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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