National Labor Relations Board
Filing
13
ORDER FOR DISPOSITION OF FUNDS PURSUANT TO GARNISHMENT. Signed by William M. Skretny, Chief Judge U.S.D.C. on 10/2/2014. (CMD)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
NATIONAL LABOR RELATIONS BOARD
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Applicant
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v.
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MCD PLUMBING, INC. AND
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MICHAEL DIEBOLD, AN INDIVIDUAL
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Respondents
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and
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TELCO CONSTRUCTION, INC.
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Garnishee
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__________________________________________)
Case No. 1:14-MC-00032
ORDER FOR DISPOSITION OF FUNDS PURSUANT TO
GARNISHMENT
A Writ of Garnishment directed to Garnishee Telco Construction, Inc. was issued on
August 6, 2014, and served upon the Garnishee on August 12. 2014. Pursuant to the Writ of
Garnishment, the Garnishee filed an Answer on or about August 20, 2014, stating that at the time
of the service of the Writ, the Garnishee had in its possession, or under its control or possession,
moneys or other property in the amount of $9,065.18 in which Respondents maintained an
interest when the Writ was served.
On or about August 15, 2014, the Respondents were notified of their right to a hearing
and right to object to the Answer of the Garnishee. More than twenty (20) days has elapsed
since the Respondents were notified, and the Respondents have not requested a hearing nor
objected to the Answer of the Garnishee within the time provided by law.
IT IS THEREFORE ORDERED that Garnishee Telco Construction, Inc. pay to Petitioner
National Labor Relations Board, the sum of $9,065.18 plus any such additional sums up to a
total of $546,156 which have come into the possession or control of Garnishee since the date of
service of the Writ of Garnishment, provide an accounting of such sums, and continue to honor
the provisions of the Writ of Garnishment until the Respondents’ debt to the Petitioner is paid in
full, or until the Garnishee no longer has custody, possession or control of any moneys or
property belonging to the Respondents, or until further order of this Court.
SO ORDERED.
Buffalo, New York
October 2, 2014
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court
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