Islamov v. Ungar

Filing 27

MEMORANDUM AND ORDER - 1) The defendant's motion to strike, (filing no. 25 ), is granted, and the objections at filing nos. 14 through 18 are stricken. 2) As to defendant's filing no. 5 objection and the filing no. 6 motion to quas h: a. The motion to consolidate the court's consideration of these filings, (filing no. 24 ), is granted. b. On or before November 23, 2009, the defendant shall file the pretrial conference memorandum from the bankruptcy court proceedings as ad ditional evidence for the court's consideration of the objection and motion to quash. c. The objection and motion to quash will be deemed submitted on November 24, 2009, and will be resolved by the court on the record without a hearing. Ordered by Judge Richard G. Kopf. (JAB)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA O L IM ISLAMOV, Plaintiff, v. S V E T L A N A SERGEYEVNA UNGAR, Defendant. ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

T h e plaintiff served a Summons in Garnishment on Tier One Bank, as g a r n i sh e e , to collect a judgment entered against the defendant by the United States B a n k ru p tc y Court for the District of Nebraska. See filing nos. 3 & 4. The defendant o b je c te d and moved to quash the Summons and Order of Garnishment in Aid of E x e cu tio n , claiming the money judgment obtained by the plaintiff against the d e fe n d a n t is void because the bankruptcy court lacked jurisdiction to enter a money ju d g m e n t. Filing Nos. 5 & 6. Five additional garnishment summons were served, and th e defendant has objected to each of them. See filing nos. 14-18. The defendant has moved to strike her objections at filing nos. 14 through 18, (filin g no. 25), and to consolidate the court's consideration of the filing no. 5 objection a n d filing no. 6 motion to quash. Filing no. 24. The court has conferred with counsel for both parties. The defendant will be f ilin g a copy of the pretrial conference memorandum entered in the bankruptcy court p ro c ee d in g s , and once that is filed, the evidence on defendant's filing no. 5 objection a n d her motion to quash will be before the court. The parties agree the court can re s o lv e the objection and motion to quash on the record without a hearing. A c c o r d in g ly ,

IT IS ORDERED: 1) T h e defendant's motion to strike, (filing no. 25), is granted, and the o b je c tio n s at filing nos. 14 through 18 are stricken. A s to defendant's filing no. 5 objection and the filing no. 6 motion to quash: a. T h e motion to consolidate the court's consideration of these filin g s , (filing no. 24), is granted. O n or before November 23, 2009, the defendant shall file the p r e tr ia l conference memorandum from the bankruptcy court p ro c e e d in g s as additional evidence for the court's consideration o f the objection and motion to quash. T h e objection and motion to quash will be deemed submitted on N o v e m b e r 24, 2009, and will be resolved by the court on the re c o rd without a hearing.

2)

b.

c.

D A T E D this 20 th day of November, 2009. B Y THE COURT: R ich a rd G. Kopf U n ite d States District Judge

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