Sankoh v. Gold Street Capital Fund, LP et al

Filing 42

MEMORANDUM OPINION AND ORDER Granting 33 Motion for Judgment and Dismissal; Garnishee TD Bank, N.A. is Dismissed from this case; The writ of garnishment issued by the Clerk of the Court to TD Bank, N.A. on June 20, 2018 is QUASHED. Signed by Judge Paula Xinis on 8/29/2018. (heps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
MOHAMED SANKOH,

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Plaintiff

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v.

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LOVET AKO,

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Defendant

Civil Action No. 8:17-cv-2276-PX

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MEMORANDUM OPINION AND ORDER

On April 6, 2018, a default judgment was entered in favor of Plaintiff Mohamed Sankoh
and against Defendant Lovet Ako in the amount of $29,572.61. ECF No. 10 at 13. Plaintiff
moved for a writ of garnishment to TD Bank, N.A. (“TD Bank”), which the Court issued. ECF
Nos. 21, 24. TD Bank filed a Plea of Nulla Bona, denying that it had any seizable property
under the writ. ECF No. 33.
When a garnishee files a timely answer, “the matters set forth in the answer [are] treated
as established for the purpose of the garnishment proceeding unless the judgment creditor files a
reply contesting the answer within 30 days after service.” Md. Rule 2-645(g); see also Cadle
Co. v. Chipman, No. JFM-07-00108, 2008 WL 509094, at *1 (D. Md. Feb. 21, 2008). Plaintiff
has not filed a reply contesting the answer filed by TD Bank and more than thirty days have
passed since the answer was served.
Accordingly, it is this 29 day of August, 2018, by the United States District Court for the
District of Maryland, ORDERED that:

1. The motion for judgment and dismissal (ECF No. 33) filed by Garnishee TD
Bank, N.A. BE, and the same hereby IS, GRANTED; 1
2. Garnishee TD BANK, N.A. hereby is DISMISSED from this case;
3. The writ of garnishment issued by the Clerk of the Court to TD Bank, N.A. on
June 20, 2018 (ECF 24-3) BE, and the same hereby IS, QUASHED; and
4. The clerk will transmit copies of this Memorandum Opinion and Order to counsel
for the parties.

__8/29/18_____________________
Date

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_____/S/______________________
Paula Xinis
United States District Judge

While TD Bank seeks dismissal of the entire action, this Order reaches only the writ of garnishment to TD Bank.

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