RDLG, LLC v. RPM Group, LLC et al

Filing 211

ORDER granting 184 Plaintiff's Motion for Charging Order. It is further directed that the economic interest of Fred M. Leonard, Jr. in Pilots Knob Holdings, LLC is hereby charged with the payment of the unsatisfied am ount of the Judgment entered in favor of the Plaintiff against Defendant Fred M. Leonard, Jr. with interest. It is further ORDERED that the Plaintiff shall serve a copy of this Order upon Pilots Knob Holdings, LLC in accordance with Rule 4(j)(8) of the North Carolina Rules of Civil Procedure. Signed by Magistrate Judge Dennis Howell on 07/13/2015. Modified text on 7/13/2015 (thh).

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10 CV 204

RDLG, LLC,

)
)
Plaintiff
)
)
v
)
)
RPM GROUP, LLC; RPM GROUP
)
BROKERAGE, LLC; FRED M. LEONARD, )
JR. a/k/a CHIP LEONARD; JESSICA LEWIS )
LEONARD; JASON BENTON; NICK JAMES;)
and DEXTER HUBBARD,
)
)
Defendants
)

ORDER

THIS MATTER is before the undersigned pursuant to Plaintiff’s Motion for
Charging Order (#184). In the motion, Plaintiff requests that a Charging Order be
entered by this Court pursuant to N.C.G.S. § 57D-5-03 charging the ownership and
economic interests of Defendant and Judgment Debtor Fred M. Leonard, Jr. a/k/a
Chip Leonard in Pilots Knob Holdings, LLC, a North Carolina limited liability
company. The Defendant did not respond to the motion and the Court now enters
the following Order:
Background. On January 14, 2015 the undersigned entered a Judgment
(#179) as a result of a jury verdict in favor of the Plaintiff against the Defendant Fred
M. Leonard, Jr. in the amount of $500,580.36 with interest thereon accruing at the
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rate provided by law and the cost of the action as may be determined by the Clerk of
this Court. It appears from the affidavit of Benjamin E. Shook (#186) that the
Defendant Fred M. Leonard, Jr. is a member and has an ownership interest in Pilots
Knob Holdings, LLC (#185 & #186). It further appears from the Plaintiff’s motion
that the Defendant Fred M. Leonard, Jr. has failed to satisfy the Judgment entered in
favor of the Plaintiff against Defendant Leonard.
Discussion. N.C.G.S. § 57D-5-308(a) states as follows:
(a) On application to a court of competent jurisdiction by any judgment
creditor of an interest owner, the court may charge the economic
interest of an interest owner with the payment of the unsatisfied amount
of the judgment with interest. To the extent so charged, the judgment
creditor has only the right to receive the distributions that otherwise
would be paid to the interest owner with respect to the economic
interest.
From the pleadings filed by the Plaintiff it appears that Defendant Fred M.
Leonard, Jr. is a member and interest owner in Pilots Knob Holdings, LLC, and that
the Judgment entered by this Court in favor of the Plaintiff against Defendant
Leonard is unsatisfied. This Court will enter an Order pursuant to N.C.G.S. § 57D5-308(a), charging the economic interest of Fred M. Leonard, Jr. in Pilots Knob
Holdings, LLC with the payment of the unsatisfied amount of the Judgment entered
in favor of the Plaintiff against Defendant Leonard with interest.
ORDER
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Charging
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Order (#184) is ALLOWED. It is further directed that the economic interest of Fred
M. Leonard, Jr. in Pilots Knob Holdings, LLC is hereby charged with the payment
of the unsatisfied amount of the Judgment entered in favor of the Plaintiff against
Defendant Fred M. Leonard, Jr. with interest. It is further ORDERED that the
Plaintiff shall serve a copy of this Order upon Pilots Knob Holdings, LLC in
accordance with Rule 4(j)(8) of the North Carolina Rules of Civil Procedure.

Signed: July 13, 2015

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