Malone et al v. Kantner Ingredients, Inc. et al

Filing 372

ORDER denying 368 Motion to Strike and granting 365 , 366 and 367 . The hearing requested by Defendant Kantner regarding the garnishment interrogatories served on JP Morgan/Chase Bank, Morgan Stanley, and Wells Fargo, and the hearing on Plaintiffs motion to deliver non-exempt funds, (Filing No. 371 ), will be held on October 14, 2016 at 9:00 a.m. (CDT) Telephonic participation is permitted provided the court receives advance notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THERESA MALONE, individually and as
a derivative action on behalf of Blue Valley
Foods, Inc., a Nebraska corporation; et. al;

4:12CV3190

Plaintiffs,
ORDER
vs.
DOUGLAS KANTNER, AND BLUE
VALLEY FOODS, Inc., Nominal
Defendant;
Defendants.
Defendant Douglas Kantner has moved for hearings on Plaintiffs’ efforts to
garnish Kantner’s accounts to satisfy the judgment entered in this case. (Filing Nos. 365,
366, and 367). While Plaintiffs have moved to strike Kantner’s hearing requests as
untimely, (Filing No. 368), the court finds the requests were timely filed.

Kantner claims the funds disclosed in response to garnishment interrogatories are
exempt from garnishment: Plaintiffs move for delivery of the non-exempt funds held by
Morgan Stanley. (Filing No. 371). Provided they are not exempt, the Morgan Stanley
funds are sufficient to pay the entire judgment in this case, (Filing No. 364), and any
order to pay and payment of the judgment from those funds would moot Plaintiffs’
motion for a debtor’s examination. (Filing No. 370).

Accordingly,

IT IS ORDERED:

1)

Plaintiffs motion to strike Defendant Kantner’s hearing requests as

untimely, (Filing No. 368), is denied.

2)

Defendant Kantner’s motions for a hearing, (Filing Nos. 365, 366, and

367), are granted.

3)

The hearing requested by Defendant Kantner regarding the garnishment

interrogatories served on JP Morgan/Chase Bank, Morgan Stanley, and Wells Fargo, and
the hearing on Plaintiffs’ motion to deliver non-exempt funds, (Filing No. 371), will be
held on October 14, 2016 at 9:00 a.m. Telephonic participation is permitted provided the
court receives advance notice.
October 4, 2016.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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