Landmark Capital Investments, Inc. v. Savannah Nephrology

Filing 8

ORDER stating that the Court orders Savannah Nephrology to file, within twenty days of this Order, a motion to dismiss the garnishment proceeding if Savannah Nephrology still intends to challenge it. Signed by Judge B. Avant Edenfield on 3/28/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LANDMARK CAPITAL
INVESTMENTS, INC.,
Plaintiff,
v.

4:11-cv-291

SAVANNAH NEPHROLOGY,
Defendant,
v.
CAHABA GOVERNMENT BENEFIT
ADMINISTRATOR, LLC,
Garnishee.
ORDER
Plaintiff Landmark Capital Investments,
Inc. (“LCI”) filed this garnishment action on
August 11, 2011, in the Northern District of
Georgia. See Doc. 1. Defendant Savannah
Nephrology filed a traverse, alleging that
Georgia’s post-judgment garnishment
procedure is unconstitutional. See Doc. 2.
Upon a motion by LCI, the case was
subsequently transferred to this Court. See
Docs. 3; 4; 5. The parties have not filed any
additional submissions since the transfer.
A traverse is a proper vehicle for the
defense that Savannah Nephrology erects.
See, e.g., Weems v. Sterchi Bros. Stores,
Inc., 238 Ga. 77, 77 (1976). But see
O.C.G.A. § 18-4-65 (“[T]he defendant, by
traverse of the plaintiff's affidavit, may
challenge the existence of the judgment or
the amount claimed due thereon. The

defendant may plead any other matter in bar
of the judgment, except as provided in
subsection (b) of this Code section.”
(emphasis added)). The traverse, however,
is lacking in detail and argument sufficient
for this Court to decide the case based on
that submission alone. Furthermore, LCI
has filed no response to the traverse.
Accordingly, the Court now ORDERS
Savannah Nephrology to file within twenty
(20) days of this Order a motion to dismiss
the garnishment proceeding, if Savannah
Nephrology still intends to challenge it. The
motion to dismiss should explain, in greater
detail than the traverse, why Georgia’s postjudgment garnishment procedures are
unconstitutional and should discuss the
appropriate disposition upon a finding that
the procedure is unconstitutional. LCI shall
respond to that motion, if filed, within
seventeen (17) days. See S.D. GA . L.R. 7.5;
F ED. R. C IV. P. 6(d).

This 28th day of March 2012.

,/86Ll

46

V

R- AVANT DENFIELØ. JUDGE
UN1TEJ) STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA