Sankoh v. Gold Street Capital Fund, LP et al

Filing 48

MEMORANDUM OPINION AND ORDER Granting 41 Motion for Judgment. Signed by Judge Paula Xinis on 11/13/2018. (km4s, 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 CitiBank, N.A. (“CitiBank”), which the Court issued. ECF
Nos. 34, 36. CitiBank answered, admitting that it had $4,175.59 in seizable property under the
writ. ECF No. 40.
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 CitiBank and more than thirty days have
passed since the answer was served.
Accordingly, it is this 13th day of November, 2018, by the United States District Court for
the District of Maryland, ORDERED that:
1. The motion for judgment (ECF No. 41) filed by Plaintiff/Judgment Creditor
Mohamed Sankoh, BE, and the same hereby IS, GRANTED;

2. Judgment is entered in favor of Plaintiff/Judgment Creditor Mohamed Sankoh in
the amount of $4,175.59 (four thousand one hundred seventy-five dollars and
fifty-nine cents), plus any amount coming into the hands of Garnishee CitiBank,
N.A. after service of the writ but not to exceed the amount owed under the
Creditor’s judgment against Debtor and enforcement costs. The Garnishee shall
pay such amount to Judgment Creditor; and
3. The clerk will transmit copies of this Memorandum Opinion and Order to counsel
for the parties.

November 13, 2018______________
Date

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Paula Xinis
United States District Judge

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