Dove Air, Inc. v. Florida Aircraft Sales, LLC et al

Filing 69

ORDER granting 65 Motion for Final Execution and Issuance of Writ of Execution; IT IS FURTHER ORDERED that the Defendant-Judgment Debtor isprecluded from having any of his property set aside as exempt from the Judgment in this case. Signed by District Judge Martin Reidinger on 11/21/11. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:10cv47

FLORIDA AIRCRAFT SALES, LLC,
Plaintiff-Judgment Creditor,
vs.
JOSEPH DUNCAN,
Defendant-Judgment Debtor.

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ORDER FOR FINAL EXECUTION
THIS MATTER is before the Court on the Plaintiff-Judgment Creditor’s
Motion for Final Execution and Order to Preclude Exempt Property Rights
[Doc. 65].
On October 17, 2011, the Clerk of Court issued a Notice of Right to
Have Exemptions Designated. [Doc. 60]. The Plaintiff-Judgment Creditor has
filed proof that on October 22, 2011, the Defendant-Judgment Debtor was
served with a copy of the Judgment together with a copy of the Notice of Right
to Have Exemptions Designated and Schedule of Debtors Property and
Request to Set Aside Exempt Property. [Doc. 65, Doc. 65-1, Doc. 66]. The
twenty day period within which the Defendant-Judgment Debtor was to file a
Schedule of Debtors Property and Request to Set Aside Exempt Property has

expired and the Defendant-Judgment Debtor has failed to file the same and
has also failed to request a hearing to set aside exempt property. The Court,
therefore, finds that the Defendant-Judgment Debtor has had a reasonable
opportunity to assert the exemptions provided by law and that the DefendantJudgment Debtor's failure to respond should be considered a waiver of his
right to have property set aside as exempt from the execution of the Judgment
in this case.
IT IS, THEREFORE, ORDERED that the Plaintiff-Judgment Creditor’s
Motion for Final Execution and Order to Preclude Exempt Property Rights
[Doc. 65] is hereby GRANTED and a final execution may be issued by the
Clerk of Court.
IT IS FURTHER ORDERED that the Defendant-Judgment Debtor is
precluded from having any of his property set aside as exempt from the
Judgment in this case.
Signed: November 21, 2011