Blair v. Arora et al

Filing 13

ORDER granting 9 Motion for Order to Show Cause; granting 11 Motion for Writ of Garnishment. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 2/2/2018. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHEYENNE BLAIR,
Plaintiff,
v.

Case No: 5:17-cv-460-Oc-30PRL

GANESH ARORA and CLINICAL PET
OF OCALA, LLC
Defendants.

ORDER
This case is before the Court for consideration of Plaintiff’s motion for an order to show
cause (Doc. 9) and motion for a writ of garnishment (Doc. 11), to which Defendants have not
responded.
In this action, Plaintiff brought claims pursuant to the Fair Labor Standards Act (“FLSA”)
and Florida law for unpaid wages against her former employer, Clinical PET of Ocala, LLC, and
Ganesh Arora. (Doc. 1). After both Defendants failed to appear, the Court entered a default
judgment against them, jointly and severally, in the amount of $4,710.04. Recently, a suggestion
of bankruptcy was filed on behalf of Ganesh Arora, and the Court stayed the case as to that
Defendant, and noted that the case remains pending as to Clinical PET of Ocala, LLC. (Docs. 10
& 12). Meanwhile, Plaintiff has filed two motions related to her attempts to satisfy the judgment.
In the first motion, Plaintiff seeks an order to show cause why Defendants are not in
contempt of court for failing to complete the Florida Rule of Civil Procedure Form 1.977.1 (Doc.

1

Pursuant to Federal Rule of Civil Procedure 69(a)(2), a judgment creditor may follow Florida

9).

Indeed, by Order entered November 27, 2017 (Doc. 7), the Court previously ordered

Defendants to complete form 1.977 and serve it on Plaintiff’s attorney within 30 days. As
Plaintiff’s motion recites, Defendants failed to comply with that Order. Consequently, Plaintiff’s
motion for an order to show cause is due to be granted, but only as to the entity. This case has been
stayed as to Defendant Ganesh Arora due to the pending bankruptcy proceedings, therefore the
relief requested by Plaintiff will be granted only as to Defendant Clinical PET of Ocala, LLC.
Next, Plaintiff seeks a writ of garnishment to satisfy the judgment against Defendant
Clinical PET of Ocala, LLC. Pursuant to Federal Rule of Civil Procedure 69, the Court must
follow state law with regard to garnishment procedures. Fed. R. Civ. P. 69. Chapter 77 of the
Florida Statutes prescribes the procedure for issuance and enforcement of writs of garnishment.
To obtain a writ of garnishment after judgment, Plaintiff is required to file a motion stating the
amount of the judgment. Fla. Stat. § 77.03. Plaintiff satisfied this requirement in her motion for
the issuance of writ of garnishment to Regions Bank. (Doc. 11).
After a writ of garnishment is issued, Chapter 77 requires two separate notices in
connection with the garnishment proceeding. If a defendant is an individual, subsection 77.041(1)
requires notice to the defendant and prescribes the exact language of a “Notice to Defendant of
Right against Garnishment of Wages, Money, and Other Property.” Fla. Stat. § 77.041(1). In
addition, subsection 77.041(2) requires that a plaintiff comply with additional notice requirements
in regard to the defendants.

law in aid of execution on a judgment. Florida Rule of Civil Procedure 1.560(c), in turn, provides that, if
a prevailing party so requests, the Court can order a judgment debtor to complete the Florida Rules of
Civil Procedure Form 1.977 Fact Information Sheet
-2-

Accordingly, upon due consideration, it is ORDERED that:
(1) Plaintiff’s motion for an order to show cause (Doc. 9) is GRANTED. Within thirty
(30) days of this Order, Judgment Debtor Clinical PET of Ocala, LLC is directed to
complete Florida Rule of Civil Procedure Form 1.977 Fact Information Sheets
(including all required attachments) or show cause by written notice filed within thirty
(30) days of this Order explaining why Defendant PET of Ocala, LLC should not be
held in contempt of Court.
(2) In considering its obligations, Defendant PET of Ocala, LLC should be mindful that,
pursuant to Local Rule 2.03(e), “[a] corporation may appear and be heard only through
counsel admitted to practice in the Court.”
(3) Plaintiff’s Motion for Writ of Garnishment (Doc. 11) is GRANTED, and the Clerk is
directed to issue a Writ of Garnishment to Regions Bank, 1700 SE 17th Street, Ocala,
Florida, 34471. Plaintiff is reminded that she must fully comply with all notice
requirements of § 77.041, Florida Statutes.
DONE and ORDERED in Ocala, Florida on February 2, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

-3-