Myers v. Malone et al

Filing 35

AMENDED ORDER - The Memorandum and Order which was filed in this case on May 8, 2015 at Filing No. 30 is hereby amended. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)(Copy mailed to pro se party)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

RICHARD D. MYERS, TRUSTEE,
Plaintiff,
v.

JEANNE MALONE,
Defendant.

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8:13cv353
AMENDED ORDER

THIS MATTER came on for hearing on Plaintiffs Motion for Amended Charging
Order ("Motion"). The Court has reviewed the Motion and finds that it should be granted.
Accordingly,
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the
Memorandum and Order which was filed in this case on May 8, 2015 at Filing No. 30 is
hereby amended as follows as follows:
1.

Plaintiffs Application for Charging Order, (Filing No. 17), is granted in

part and denied in part;
2.

The transferable interests of the Judgment Debtor in the below itemized

entities are charged with payment of the unsatisfied amount of the Judgment, and that to
the extent that the Judgment Debtor is hereafter entitled to any distribution from any of
the below listed limited entities, the entity that is making the distribution is ordered to pay
the Judgment Debtor's share of the distribution to Plaintiff. The listing of the entities
subject to this Charging Order is as follows (the "Entities"):
A.

Via Christe, L.L.C., a Nebraska limited liability company

B.

A.G. Ventures, L.L.C., a Nebraska limited liability company

C.

Maple Office Partners, L.L.C., a Nebraska limited liability company.

3.

This Charging Order shall serve as a lien on the transferrable interests of

the Judgment Debtor in the above listed Entities up to the unsatisfied amount of the
Judgment;
4.

Judgment Debtor is required to produce and provide to Plaintiff, within

fourteen (14) days after entry of this Order, (1) a copy of any and all agreements
controlling the interest of Judgment Debtor and other owners/members/partners (whether
general or limited) in each of the Entities; (2) any and all documents required to identify
the owners/members/partners (whether general or limited) of each of the Entities from
date of initial entity organization through current date, including specification of the date
for any change in the same; and (3) evidence showing the interest of the Judgment Debtor
in the income of each of the Entities, such evidence to include but not be limited to a
copy of each such Entities' most recently filed federal and state tax return and Judgment
Debtor's most recently received Schedule K-1 for each of the Entities; and
5.

Plaintiff is directed to serve this Charging Order upon each of the Entities

by mailing a copy of the same via regular United States mail, postage prepaid, to the
registered agent, general partner, manager, any member or any limited partner of the
same utilizing such address as the Plaintiff may be able to determine from its records or
from public records, but notwithstanding this direction, the Charging Order is effective
and each of the Entities is bound by its terms from and after the date of this Charging
Order.
Dated 2015.
May 21,this _ _ day ofMay, 2015

BY THE COURT:
BY THE COURT:

_______________________
Cheryl R. Zwart
United States Magistrate Judge
United States Magistrate Judge