Travelodge Hotels, Inc. v. Ravin Hotels & Investments, LLC et al

Filing 38

ORDER granting 29 Motion for the issuance of a charging order. Signed by Magistrate Judge Thomas B. Smith on 6/8/2018. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
POSER INVESTMENTS, INC.,
Plaintiff,
v.

Case No: 6:13-mc-18-Orl-36TBS

RAVIN HOTELS & INVESTMENTS, LLC,
GIRDHARI SANKAR and JEYASELVAN
KANAGASABAPATHY,
Defendants.
CHARGING ORDER
Plaintiff Poser Investments, Inc. (“Poser”), previously filed its Judgment Creditor’s
Renewed Verified Motion for Charging Order Against Sun Hospitality Inn, LLC; JLM
Hotels LLC d/b/a/ Sun Inn and Suites; JL Hospitality Management, LLC; and JL Hotel
Management, LLC (Doc. 9). Upon review, the Court granted the motion in part, denying it
only as to JLM Hotels, L.L.C. d/b/a Sun Inn and Suites (“JLM”) (Doc. 10). Now pending
before the Court are Poser’s Judgment Creditor’s Second Renewed Verified Motion for
Charging Order Against JLM Hotels, L.L.C., d/b/a Sun Inn and Suites (Doc. 29), and
Judgment Creditor’s Notice of Filing Supplemental Authority in Support of Second
Renewed Verified Motion for Charging Order Against JLM Hotels, L.L.C., d/b/a Sun Inn
and Suites (Doc. 37). The Court has reviewed the renewed motion and supplemental
authority and finds that the motion is due to be granted.
I. Background
On December 19, 2012, the United States District Court for the District of New
Jersey entered an Order & Judgment in favor of Plaintiff Travelodge Hotels, Inc. and

against Defendants Girdhari Sankar and Jeyaselvan Kanagasabapathy
(“Kanagasabapathy”), jointly and severally, in the amount of $457,601.14 (Doc. 1 at 2).
On February 21, 2013, Travelodge registered the judgment here (Doc. 1). Subsequently,
Poser, as assignee of the judgment, was substituted in the place of Travelodge Hotels,
Inc. (Docs. 5, 6). The Order & Judgment and Assignment of Judgment were recorded in
the Official Records of Duval County, Florida and the Official Records of Osceola County,
Florida, and a judgment lien certificate has been filed with the Florida Department of
State. According to Poser, the judgment remains uncollected and unsatisfied (Doc. 9 at
2).
II. Discussion
Poser sought the issuance of a charging order against the interest of
Kanagasabapathy in JLM (Doc. 9). For the reasons stated in its Order, the Court denied
Poser’s motion without prejudice, with leave to renew, upon the presentation of additional
evidence (Doc. 10). Now, Poser has submitted a partial transcript of Kanagasabapathy’s
May 15, 2018 deposition testimony in which he states that he is the managing member of
JLM (Doc. 37-1 at 9). Under Florida law:
(1) On application to a court of competent jurisdiction by a
judgment creditor of a member or a transferee, the court may
enter a charging order against the transferable interest of the
member or transferee for payment of the unsatisfied amount
of the judgment with interest. Except as provided in
subsection (5), a charging order constitutes a lien upon a
judgment debtor's transferable interest and requires the
limited liability company to pay over to the judgment creditor a
distribution that would otherwise be paid to the judgment
debtor.
FLA. STAT. § 605.0503(1) (2014). As the managing member, Kanagasabapathy’s
transferable interest (if any) in JLM is subject to a charging order. Accordingly, Poser’s

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motion (Doc. 29), is GRANTED. Kanagasabapathy’s transferable interest (if any) in JLM
is ordered to pay to Poser the present and future shares of any and all distributions due to
Kanagasabapathy, until the judgment is satisfied in full. This Charging Order is effective
upon the date of entry.
DONE and ORDERED in Orlando, Florida on June 8, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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