Klein-Becker USA v. Englert

Filing 17

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the following property is released from execution: (1) $20.00 in United States currency, pursuant to Mo.Rev.Stat. § 513.430.1(3); (2) One 2002 Jeep Cherokee, currently valued at  6;2,000.00, pursuant to Mo.Rev.Stat. § 513.430.1(5); (3) Furniture (glass table, couch, chairs), currently valued at $1,500.00, pursuant to Mo.Rev.Stat. § 513.430.1(1); (4) Laptop computer, desktop computer, and accompanying moni tor, keyboard, and cords, currently valued at $600.00, pursuant to Mo.Rev.Stat. § 513.430.1(1); and (5) One wedding ring, currently valued at $40.00, pursuant to Mo.Rev.Stat. § 513.430.1(2). . Signed by District Judge Carol E. Jackson on 6/21/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KLEIN-BECKER USA and
KLEIN-BECKER IP HOLDINGS, LLC,
Plaintiffs,
vs.
PATRICK ENGLERT and MR.
FINEST SUPPLEMENTS, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 4:13-MC-522(CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on the defendants’ claims of exemption from
execution on judgment. Plaintiffs have not filed a response.
I.

Background

On January 25, 2011, the United States District Court for the District of Utah
entered a judgment in favor of plaintiffs Klein-Becker USA, LLC, and Klein-Becker IP
Holdings, LLC, and against defendants Patrick Englert and Mr. Finest Supplements,
Inc., in the sum of $773,384.31 plus attorneys’ fees and costs. [Doc. #1-1].
Plaintiffs registered the judgment in this district on September 20, 2013. Although
plaintiffs were able to recover some money through garnishment proceedings, a
substantial portion of the judgment remains unpaid. [Docs. #9, #10, #12].
On April 29, 2016, plaintiffs requested service of writs of execution on
defendants for (1) a 2002 Jeep Cherokee; (2) furniture (glass table, couch, chairs);
(3) a laptop computer, a desktop computer, and accompanying monitor, keyboard,
and cords; (4) a wedding ring; and (5) any cash in defendant Englert’s possession.
[Doc. #13]. The writs of execution were served by the U.S. Marshals Service on

May 13, 2016. On May 27, 2016, defendants timely filed claims of exemption,
pursuant to Mo.Rev.Stat. § 513.430.1.
II.

Discussion

Under Rule 69(a) of the Federal Rules of Civil Procedure, a federal court must
follow relevant state law in a proceeding to execute on a judgment, unless a federal
statute dictates otherwise. See United States v. Yazell, 382 U.S. 341, 354–55
(1966). Judgment debtors in Missouri may claim statutory exemptions to execution
by filing a verified request within 20 days of receiving notice. Mo.Sup.Ct.R.
76.05(b). Here, defendants timely filed claims for statutory exemptions for $20.00
in cash and for household furnishings and goods, wedding rings, and motor
vehicles. See Mo.Rev.Stat. § 513.430.1.1
A judgment creditor may object to a claim for exemption by filing a request
for court review within 10 days of the filing of the exemption. Mo.S.Ct.R. 76.075
(b).

If a request for court review is not timely filed, the court must release the

1

1. The following property shall be exempt from attachment and execution to the extent of
any person’s interest therein:
(1) Household furnishings, household goods, wearing apparel, appliances,
books, animals, crops or musical instruments that are held primarily for
personal, family or household use of such person or a dependent of such
person, not to exceed three thousand dollars in value in the aggregate;
(2) A wedding ring not to exceed one thousand five hundred dollars in value
and other jewelry held primarily for the personal, family or household use of
such person or a dependent of such person, not to exceed five hundred
dollars in value in the aggregate;
(3) Any other property of any kind, not to exceed in value six hundred dollars
in the aggregate;
***
(5) Any motor vehicles, not to exceed three thousand dollars in value in the
aggregate
Mo.Rev.Stat.§ 513.430.1.

2

items claimed for exemption. Mo.Sup.Ct.R. 76.075(c). Here, plaintiffs have not filed
a request for court review.
Accordingly,
IT IS HEREBY ORDERED that the following property is released from
execution:
(1)

$20.00

in

United

States

currency,

pursuant

to

Mo.Rev.Stat.

§

513.430.1(3);
(2) One 2002 Jeep Cherokee, currently valued at $2,000.00, pursuant to
Mo.Rev.Stat. § 513.430.1(5);
(3) Furniture (glass table, couch, chairs), currently valued at $1,500.00,
pursuant to Mo.Rev.Stat. § 513.430.1(1);
(4) Laptop computer, desktop computer, and accompanying monitor,
keyboard, and cords, currently valued at $600.00, pursuant to Mo.Rev.Stat. §
513.430.1(1); and
(5) One wedding ring, currently valued at $40.00, pursuant to Mo.Rev.Stat. §
513.430.1(2).

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 21st day of June, 2016.

3