Bell v. Disner et al

Filing 13

ORDER granting 11 12 Plaintiff's Motions for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 2/11/2022. (AR)

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Case 5:21-mc-00011-JSM-PRL Document 13 Filed 02/11/22 Page 1 of 2 PageID 71 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION KENNETH D. BELL and NATIONWIDE JUDGMENT RECOVERY, INC., in his capacity as court-appointed Receiver for Rex Venture Group, LLC dba ZeekRewards.com Plaintiffs, v. Case No: 5:21-mc-11-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 CORPORATION, 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 Nationwide Judgment Recovery, Inc., as assignee of Plaintiff Matthew E. Orso, in his capacity as court-appointed successor receiver for Rex Venture Group, LLC, d/b/a/ ZeekRewards.com (“Plaintiff”) for issuance of writs of garnishment as to JPMorgan Chase Bank, N.A. (Doc. 11) and Wells Fargo Bank, N.A. (“Garnishees.”) (Doc. 12).. On August 14, 2017, Plaintiff obtained a judgment in the Case 5:21-mc-00011-JSM-PRL Document 13 Filed 02/11/22 Page 2 of 2 PageID 72 United States District Court for the Western District of North Carolina against each member of a Defendant class, including Defendant Joni Michael in the amount of $14,570.96. (Doc. 1). On April 28, 2021, Plaintiff registered the judgment with this Court. (Doc. 1). There remains due and owing $14,570.96, 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 Joni Michael 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 writ of garnishment (Docs. 11 & 12) are GRANTED, and the Clerk is directed to issue the Writs of Garnishment (including the Notice and Claim of Exemption) attached to each motion. (Docs. 11-1, 12-1). Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes. DONE and ORDERED in Ocala, Florida on February 11, 2022. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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