Broward Marine, Inc., et al v. S/V Zeus, et al

Filing 136

ORDER granting 126 Motion permitting plaintiff to commence proceedings supplementary and impleading third parties. Signed by Magistrate Judge John J. O'Sullivan on 3/19/2009. (lc3)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 05-23105-CIV-HUCK/O'SULLIVAN

BROW ARD MARINE, INC., et al., Plaintiffs, v. S/V ZEUS, Defendant. ________________________________/ ORDER COMMENCING PROCEEDINGS SUPPLEMENTARY TO EXECUTION AND IMPLEADING THIRD PARTIES This cause came before the Court upon the motion by judgment creditors, BMI INVESTMENT GROUP, LLC and BME INVESTMENT GROUP, LLC, to commence proceedings supplementary to execution and to implead third parties. See Plaintiff's Motion to Commence Proceedings Supplementary and to Implead Third Parties and Memorandum in Support Thereof (DE# 126, 12/19/08). Upon consideration of the motion, the pleadings and papers on file and being further advised in the premises, in accordance with the foregoing, it is hereby ORDERED AND ADJUDGED as follows: 1. The plaintiff has met the jurisdictional requirements of Fla. Stat. § 56.29. It has shown by affidavit that the United States Marshal holds a valid unsatisfied writ of execution and has provided a list of persons to be impleaded. General Trading Inc. v. Yale Material Handling, Corp., 119 F. 3d 1485, 1496 n. 22 (11th Cir. 1997). 2. Plaintiff's Motion to Commence Proceedings Supplementary and to Implead

Third Parties and Memorandum in Support Thereof (DE# 126, 12/19/08) is GRANTED. Marina Funding Group, Inc., Burrell Industries, Inc., Larry A. Zink, Esq. and Glenn Straub are hereby IMPLEADED as defendants to this cause for the purposes of post-judgment supplementary proceedings in aid of execution. 3. Plaintiffs shall serve a copy of this Order upon all Impleaded Defendants by formal service of process. Each Impleaded Defendant shall, in accordance with the applicable rules, have twenty (20) days from the date of service to respond or show cause as to why any assets should not be declared fraudulently acquired from Double Eagle Yachts, Inc., or why it is not an alter ego of Defendant, Double Eagle Yachts, Inc. The plaintiff shall file with the Court proof of service as to each Impleaded Defendant. 4. Upon response from the Impleaded Defendants, the plaintiff may file a motion with the Court to set hearings for post-judgment supplementary proceedings. DONE AND ORDERED, in Chambers, at Miami, Florida this 19th day of March, 2009.

____________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE

Copies provided to: United States District Judge Huck All counsel of record

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