Kirkpatrick, Pettis, Smith, Polian v. Beckwith

Filing 10

ORDER OF REVIVOR - IT IS, THEREFORE, ORDERED that the judgment entered herein on May 2, 2003, stands revived as of the date of this Order. Ordered by Senior Judge Warren K. Urbom. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

KIRKPATRICK, PETTIS, SMITH
POLIAN INC.,
Plaintiff,
v.
TERREL L. BECKWITH,
Defendant.

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Case No.: 4:03 CV 3159

ORDER
OF REVIVOR

THIS MATTER comes before the Court on Kirkpatrick, Pettis, Smith, Polian
Inc.’s (“KPSP”) motion to revive the judgment entered in favor of KPSP and against the
Defendant, Terrel L. Beckwith (the “Defendant”), on May 2, 2003 (Filing No. 7). The
Court, upon being duly advised in the premises, finds as follows:
1.
On May 2, 2003, this Court entered an Order of Judgment in favor of
KPSP and against the Defendant, in the principal amount of $81,597.21 (the
“Judgment”).
2.
The Judgment has become dormant pursuant to Neb. Rev. Stat. § 251515, as more than five years have passed since execution last issued on the
Judgment.
3.

The Judgment has not been satisfied.

4.
The Judgment is capable of being revived because it has not been
dormant for more than ten years.
5.
The Defendant was served with notice and a copy of the Memorandum
and Order on Plaintiff’s Motion for Revivor entered by this Court on September 19,
2012 (Filing No. 8) via certified mail on September 22, 2012 as evidenced by the Proof
of Service previously filed by Plaintiff (Filing No. 9).
6.
More than 30 days have passed since the Defendant was served with a
copy of the Memorandum and Order and Defendant has failed to show cause why the
Judgment should not be revivied.

IT IS, THEREFORE, ORDERED that the judgment entered herein on May 2,
2003, stands revived as of the date of this Order.
ENTERED this 19th day of November, 2012.
BY THE COURT:

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Warren K. Urbom
United States Senior District Judge

ND: 4836-4217-5249, v. 1