Orso v. Disner et al

Filing 6

ORDER granting 2 Motion for Writ of Garnishment; granting 3 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 1/7/2022. (SA)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MATTHEW ORSO and
NATIONWIDE JUDGMENT
RECOVERY, INC.,
Plaintiffs,
v.

Case No: 5:21-mc-19-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,
ZEEKREWARDS.COM, and ANITA
BROWN
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 (“Plaintiff”) for issuance of writs of garnishment as to
Regions Bank, N.A. (Doc. 2) and Bank of America, N.A. (“Garnishees”) (Doc. 3). On August
14, 2017, Plaintiff obtained a judgment in the United States District Court for the Western

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District of North Carolina against each member of a Defendant class, including Defendant
Anita Brown in the amount of 105,610.98. (Docs. 1, 5).
On July 27, 2021, Plaintiff registered the judgment with this Court. (Doc. 1). Plaintiff
filed the correct final judgment as to Anita Brown on January 4, 2022. (Doc. 5). There remains
due and owing $105,610.98, 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 Brown 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, Plaintiffs’ motions for issuance of writ of
garnishment (Docs. 2 & 3) 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.
2-1, 3-1). Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes.
DONE and ORDERED in Ocala, Florida on January 7, 2021

Copies furnished to:
Counsel of Record
Unrepresented Parties

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