Theriot v. Brit Systems, Inc.

Filing 110

ORDERED that the 92 motion to set aside, dissolve, or modify the garnishment order is DENIED. FURTHER ORDERED that the 101 motion to withdraw funds deposited in the registry of the Court is GRANTED. Signed by Judge Lance M Africk on 8/13/2013.(blg)

Theriot v. Brit Systems, Inc.

Doc. 110

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ALFRED J. THERIOT, III

CIVIL ACTION

VERSUS

No. 11-1995

BRIT SYSTEMS, INC.

SECTION I
ORDER

Before the Court is a motion1 filed by defendant, Brit Systems, Inc. (“Brit”) to set aside,
dissolve, or modify this Court’s garnishment order pursuant to Federal Rule of Civil Procedure
60(b)(6). Plaintiff, Alfred J. Theriot, III (“Theriot”), has filed an opposition.2 Theriot has also
filed a motion to withdraw funds deposited in the registry of the Court.3 Brit opposes the motion
to withdraw funds.4

Having carefully considered the arguments raised in the memoranda

submitted by the parties,
IT IS ORDERED that the motion to set aside, dissolve, or modify the garnishment order
is DENIED as Brit has challenged neither the amended final judgment entered by this Court nor
the legality of the garnishment order, and it has otherwise failed to show that its financial
condition justifies relief under Federal Rule of Civil Procedure 60(b)(6).5 See Williams v. United
States, 577 F.2d 930, 931 (5th Cir. 1978) (“Pressures of insolvency . . . do not represent the

1

R. Doc. No. 92.

2

R. Doc. No. 84.

3

R. Doc. No. 101.

4

R. Doc. No. 103.

5

The Court also notes that Brit has cited no authority showing that Rule 60(b)(6), which applies
to final judgments, orders, or proceedings, may be used to seek modification of a garnishment
order based on an otherwise valid final judgment.

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exceptional inequity necessary for granting relief under Rule 60(b).”) (citing Ackermann v.
United States, 340 U.S. 193 (1950)).
IT IS FURTHER ORDERED that the motion to withdraw funds deposited in the
registry of the Court is GRANTED.

New Orleans, Louisiana, August 13, 2013.
__________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE