Orso v. Disner et al
ORDER granting 2 Motion for Writ of Garnishment; granting 3 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 11/19/2021. (JWM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MATTHEW E. ORSO and
RECOVERY, INC., as Successor
Trustee to Kenneth D. Bell in his
capacity as court-appointed Receiver for
Rex Venture Group, LLC dba
Case No: 5:21-mc-24-JSM-PRL
TODD DISNER, TRUDY GILMOND,
TRUDY GILMOND, LLC, JERRY
NAPIER, DARREN MILLER,
RHONDA GATES, DAVID
SORRELLS, 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
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
Bank of America, N.A. (Doc. 2) and JP Morgan Chase Bank (“Garnishees.”) (Doc. 3). 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 Dan Maltias in the amount of $12,776.55.
On September 17, 2021, Plaintiff registered the judgment with this Court. (Doc. 1).
The judgment remains unsatisified. 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 Dan Maltias 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 November 19, 2021.
Copies furnished to:
Counsel of Record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?