PINNACLE AGRICULTURE DISTRIBUTION INC v. BROOKS CROP PROTECTION INC et al

Filing 27

ORDER granting 26 Motion to revive judgment. Ordered by US DISTRICT JUDGE CLAY D. LAND on 9/14/2022 (tlf).

Case 4:14-cv-00289-CDL Document 27 Filed 09/14/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
PINNACLE AGRICULTURE
DISTRIBUTION, INC., F/K/A
JIMMY SANDERS INCORPORATED
PLAINTIFF,
V.
STANLEY CHAD BROOKS.,
BROOKS CROP PROTECTION,
INC. AND BROOKS FARMS, INC.,
DEFENDANTS.

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CIVIL ACTION NO.
4:14-CV-00289-CDL

ORDER GRANTING RELIEF IN THE NATURE OF SCIRE FACIAS AND
DIRECTING DEFENDANT TO APPEAR AND SHOW CAUSE
THIS MATTER came before the Court upon the motion of plaintiff, Simplot AB Retail
Sub, Inc. f/k/a Pinnacle Agriculture Distribution, Inc. f/k/a Jimmy Sanders Incorporated, to revive
judgment in the nature of scire facias (“Motion”) [D.E. 26]. No response to the Motion was filed
within the timeframe set forth in Local Rule 7.2. Upon consideration of the Motion, good cause
appearing and the Court being otherwise fully advised in the premises, it is ORDERED as follows:
1.

The Motion is GRANTED.

2.

Defendant, Stanley Chad Brooks, is hereby directed to show cause in writing by

filing a response within 21 days of the service of this order upon Defendant Brooks as to why the
consent judgment entered by this Court in favor of Pinnacle Agriculture Distribution, Inc. f/k/a
Jimmy Sanders Incorporated and against defendant, Stanley Chad Brooks, on April 22, 2015 in
the amount of $491,463.33 (the “Judgment”), together with interest that has accrued since the
judgment date, should not be revived as provided by O.C.G.A. § 9-12-61 et seq. If Defendant
Brooks wants an in-person hearing to contest the revival of the judgment, he should notify the

Case 4:14-cv-00289-CDL Document 27 Filed 09/14/22 Page 2 of 2

Court in writing of such request within 21 days of service of this order upon Defendant Brooks,
and the Court will schedule a hearing at an appropriate time and date. Failure to show cause and/or
request a hearing within 21 days of service of this order upon Defendant Brooks will result in
granting the Plaintiff’s request for revival of the judgment as well as any other appropriate related
relief.
3.

Plaintiff, Simplot AB Retail Sub, Inc. f/k/a Pinnacle Agriculture Distribution, Inc.

f/k/a Jimmy Sanders Incorporated, is responsible for effectuating service of process of the
following upon defendant, Stanley Chad Brooks: (1) a copy of its Motion to Revive Judgment;
and (2) a copy of this Order. Said personal service shall timely be perfected in the county in which
the above-named defendant resides such that said defendant is provided a minimum of twentydays’ notice of the deadline for showing cause. Plaintiff shall demonstrate such service through a
return of service (to be filed on CM/ECF prior to the show cause deadline).
IT IS SO ORDERED this 14th day of September, 2022.

__S/Clay D. Land
Honorable Clay D. Land
United States District Judge