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

Filing 44

ORDER granting 43 Motion, as follows: (1) Regions Bank shall RELEASE funds to Plaintiff in the amount of $1,921.60 that are being held pursuant to the writ of garnishment; and (2) The writs of garnishment issued to Regions Bank (Doc. 14) and Bank of America (Doc. 15) are hereby DISSOLVED. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 5/14/2015. (JWM)

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 the parties’ joint motion for approval of their settlement
agreement (Doc. 43).
On October 28, 2014, final default judgment was entered in favor of Plaintiff (Doc. 11)
and the Court subsequently denied Defendants’ motion to set the judgment aside. (Doc. 39). In
efforts to collect the judgment, Plaintiff motioned the Court to issue writs of garnishment on Bank
of America and Regions Bank (Doc. 12), which the Court issued on February 9, 2015. (Docs. 13,
14, 15). Mr. Fernandez timely filed a claim of exemption as to the writ of garnishment issued to
Bank of America (Doc. 29), and on April 8, 2015, I held a hearing solely on the claimed exemption.
At the hearing, the parties advised me that they had a reached an agreement regarding the writ of
garnishment and payment of the outstanding judgment. The parties have now filed a settlement
agreement outlining Defendants’ payment of the judgment, including dissolution of the writs of
garnishment. (Doc. 43-1 at 1-2).

Based on the parties’ agreement, the parties’ motion is GRANTED as follows:
1. Regions Bank shall RELEASE funds to Plaintiff in the amount of $1,921.60 that are
being held pursuant to the writ of garnishment; and
2. The writs of garnishment issued to Regions Bank (Doc. 14) and Bank of America (Doc.
15) are hereby DISSOLVED.
DONE and ORDERED in Ocala, Florida on May 13, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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