Orso v. Harding

Filing 24

ORDER granting 23 Motion for Writ of Garnishment. The Clerk is hereby directed to issue a Writ of Garnishment upon Garnishee E*Trade Financial. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/10/2022. (JMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MATTHEW ORSO AS SUCCESSOR TRUSTEE TO KENNETH D. BELL IN HIS CAPACITY AS COURTAPPOINTED RECEIVER FOR REX VENTURE GROUP, LLC, Case No. 8:21-mc-41-WFJ-AEP Plaintiff, v. JULES HARDING, Defendant. ORDER This matter comes before the Court on Nationwide Judgment Recovery Inc.’s (“Nationwide”) Motion for Writ of Garnishment (Doc. 23). 1 A judgment in the amount of $18,461.40 was entered in the action between the parties on August 14, 2017 in the District Court for the Western District of North Carolina, Charlotte Division, which was subsequently registered in the District Court for the Middle District of Florida on April 19, 2021 (Doc. 1). See 28 U.S.C. § 1963. According to Nationwide, the judgment, plus post-judgment interest, remains unsatisfied. Nationwide believes that Defendant may have monies or property in the possession or control of the Garnishee E*Trade Financial and, by the instant motion, now Plaintiff Matthew E. Orso, in his capacity as court-appointed successor receiver for Rex Venture Group, LLC d/b/a ZEEKREWARDS.COM assigned to Nationwide the judgment entered against Defendant (Doc. 22). 1 requests that the Court issue a writ of garnishment directed to Garnishee E*Trade Financial to recover on the outstanding judgment. Pursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow state law regarding execution of a judgment. Florida Statutes § 77.01 allows recovery of a money judgment via a writ of garnishment. Thus, the Court may enforce the judgment through a writ of garnishment pursuant to Florida law. Upon consideration, the Court finds good cause to grant the motion. Accordingly, it is hereby ORDERED: 1. Nationwide’s Motion for Writ of Garnishment after Judgment (Doc. 23) is GRANTED. 2. The Clerk is hereby directed to issue a Writ of Garnishment upon Garnishee E*Trade Financial. 3. As Defendant Jules Harding is an individual, the Clerk is hereby directed to attach the required notice to Defendant Jules Harding pursuant to Florida Statutes § 77.041(1) to the writ of garnishment. DONE AND ORDERED in Tampa, Florida, on this 10th day of May, 2022. cc: Counsel of Record 2

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