Bardfield et al v. CHISHOLM et al

Filing 18

ORDER. Defendant's emergency motion to modify writ of attachment 17 is DENIED. Signed by District Judge M CASEY RODGERS on 6/5/09. (tdg) Modified on 6/19/2009 (tdg).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

STEPHEN BARDFIELD and CHARLES CARVER, Plaintiffs, v. CHISHOLM PROPERTIES CIRCUIT EVENTS, LLC and JOHNNY CHISHOLM, individually. Defendants. / ORDER This case is before the court on defendants' emergency Motion to Modify Writ of Attachment. In their motion defendants ask the court to modify the writ of attachment entered June 3, 2009, by releasing the freeze on defendants' accounts as to Wachovia Bank, N.A., and Beach Community Bank because each of those two institutions, as well as another institution, First Data, have individually imposed freezes of $200,000, for a total amount of $600,000, rather than the aggregate amount stated in the writ of $200,000. Defendants' motion is denied. Although defendants complain that if all of the accounts are frozen they will have no way to pay certain expenses, defendants do not explain why they cannot simply place all of their proceeds into one operating account and use that account, over the frozen amount of $200,000, to pay their obligations. DONE AND ORDERED in chambers this 5th day of June, 2009. Case No. 3:09cv232/MCR/MD

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE