United States Small Business Administration v. Nelson

Filing 32

ORDER denying 24 Emergency Request for Motion for Enforcement of the Court's Writ of Assistance and MOTION to Temporarily Halt the SBA's Removal of Personal Property from the Residence. Signed by Chief District Judge Louis Guirola, Jr. on 10/31/14 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
UNITED STATES SMALL
BUSINESS ADMINISTRATION
v.

PLAINTIFF
CAUSE NO. 1:13CV242-LG-JMR

LYNN E. NELSON

DEFENDANT

ORDER DENYING MOTION FOR EMERGENCY RELIEF
BEFORE THE COURT is Plaintiff Lynn E. Nelson’s Emergency Request for
Enforcement of the Court’s Writ of Assistance and Emergency Request for Motion to
Temporarily Halt the SBA’s Removal of Personal Property fr the Residence [24].
Nelson requests that the Court stop the Small Business Administration from
executing its Writ of Assistance, or return her personal property to her at the
government’s expense. The government has responded to the Motion, and Nelson
has replied.
On April 10, 2014, the Court entered an Order awarding possession of
Nelson’s Diamondhead residence to the Small Business Administration. (Memo.
Op. & Order Apr. 10, 2014, ECF No. 16). The Court’s Order directed the clerk of
court to issue a Writ of Assistance “authorizing and directing the United States
Marshal to remove Lynn E. Nelson and her property from the house located at
23107 Coelho Way, Diamondhead, Mississippi.” The Writ of Assistance was issued
by the clerk on April 24, 2014. (ECF No. 19).
Nelson complains that the SBA should have taken her property out of the
house by May 22, 2014 to be in compliance with the Writ of Assistance. She

contends that the SBA’s failure to take possession of the property by May 22, 2014,
makes it responsible for loading the property into a truck so that she can take it to
storage.
The government responds that it immediately took possession of the house,
but allowed Nelson an opportunity to make arrangements to remove her property
from the house. When she failed to do so, the government removed the property to
a local storage facility on May 30, 2014. Nelson sent an email to the Marshal
Service on June 9, 2014, stating, “I am leaving the area. Enjoy my personal
possessions in good health.” (Gov’t Resp. Ex. B, ECF No. 27-2).
Now that the government has moved Nelson’s property out of the house,
Nelson objects to the government’s storage arrangements, because the facility
(Fayard Storage) is twenty-five miles away from Diamondhead and imposes a fee to
open the unit or remove her property. She contends that her property is subject to
damage from moisture at the storage facility. She asserts she has changed her
mind about wishing the government to enjoy her property in good health and
wishes it to be returned to her at no cost to herself, and reimburse her for any items
that have been damaged during storage.
The Court finds that Nelson is not entitled to the relief she has requested.
She had ample notice that she must vacate the house and remove her possessions,
but did nothing. Under these circumstances, the government’s action of removing
the items and storing them was well within the authority granted it by the Writ of
Assistance.
-2-

IT IS THEREFORE ORDERED AND ADJUDGED that Lynn E. Nelson’s
Emergency Request for Enforcement of the Court’s Writ of Assistance and
Emergency Request for Motion to Temporarily Halt the SBA’s Removal of Personal
Property from the Residence [24] is DENIED.
SO ORDERED AND ADJUDGED this the 31st day of October, 2014.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

-3-