Orso v. Disner et al

Filing 26

ORDER granting 24 Motion for Writ of Garnishment; granting 25 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 2/21/2023. (EE)

Case 5:21-mc-00009-JSM-PRL Document 26 Filed 02/21/23 Page 1 of 2 PageID 162

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
NATIONWIDE JUDGMENT
RECOVERY, INC.,
Plaintiff,
v.

Case No: 5:21-mc-9-JSM-PRL

TODD DISNER, TRUDY GILMOND,
TRUDY GILMOND, LLC, JERRY
NAPIER, DARREN MILLER,
RHONDA GATES, DAVID
SORRELLS, INNOVATION
MARKETING, LLC, AARON
ANDREWS, SHARA ANDREWS,
GLOBAL INTERNET FORMULA,
INC., T. LEMONT SILVER, KAREN
SILVER, MICHAEL VAN LEEUWEN,
DURANT BROCKETT, DAVID
KETTNER, MARY KETTNER,
P.A.W.S CAPITAL MANAGEMENT
LLC, LORI JEAN WEBER and
ZEEKREWARDS.COM,
Defendants.
ORDER
This matter is before the Court on the motions of Plaintiff, Nationwide Judgment
Recovery Inc. as assignee of Matthew Orso, as successor trustee to Kenneth D. Bell in his
capacity as court-appointed receiver for Rex Venture Group, LLC, for issuance of writs of
garnishment as to Campus USA Credit Union (Doc. 24) and Truist Bank (Doc. 25)
(“Garnishees”). On August 14, 2017, Plaintiff obtained a judgment in the United States
District Court for the Western District of North Carolina against each member of a Defendant
class, including Defendant Barton Tucker in the amount $53,200.39. (Doc. 1).

Case 5:21-mc-00009-JSM-PRL Document 26 Filed 02/21/23 Page 2 of 2 PageID 163

On April 19, 2021, Plaintiff registered the judgment with this Court. (Doc. 1). There
remains due and owing $53,200.39, plus post-judgment interest. Now, Plaintiff moves for the
writs of garnishment and suggests that each Garnishee may have in its possession and control
certain monies or property belonging to Defendant Tucker sufficient to satisfy the judgment
in whole or in part. Pursuant to Fed. R. Civ. P. 69, the Court must follow state law regarding
garnishment procedures. See Fed. R. Civ. P. 69. Chapter 77 of the Florida Statutes prescribes
the procedure for issuance and enforcement of writs of garnishment.
Accordingly, upon due consideration, Plaintiff’s motions for issuance of writs of
garnishment (Docs. 24 & 25) are GRANTED, and the Clerk is directed to issue the Writs of
Garnishment (including the Notice and Claim of Exemption) attached to each motion.
Plaintiff must fully comply with all notice requirements of § 77.041, Florida Statutes.
DONE and ORDERED in Ocala, Florida on February 21, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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