CRP-2 Holdings Tall Oaks, LLC v. 750 Foods, LLC et al

Filing 5

ORDER FOR FINAL EXECUTION AND PRECLUSION OF EXEMPT PROPERTY; granting 4 Motion for Final Execution and Issuance of Writ of Execution. Signed by Senior Judge Graham Mullen on 9/13/11. (gpb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
)
)
)
Plaintiff-Judgment)
Creditor,)
)
vs.
)
)
750 Foods, LLC and Eligio Pena,
)
Defendant-Judgment)
Debtor.)
)
CRP-2 Holdings Tall Oaks, LLC,

Case No. 3:11-mc-00093-GCM
ORDER FOR FINAL EXECUTION AND
PRECLUSION OF EXEMPT PROPERTY

THIS MATTER coming on to be heard and being heard before the undersigned Judge of
the United States District Court for the Western District of North Carolina upon Judgment
Creditor's Motion for an Order of Final Execution in this matter; and
IT APPEARING to the Court that Judgment Debtor has been served with 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 and that the Judgment
Debtor has failed to file a Schedule of Debtors Property and Request to Set Aside Exempt
Property and has failed to request a hearing to set aside exempt property or otherwise respond
within the time allowed. The Court, therefore, finds that the Judgment Debtor has had a
reasonable opportunity to assert the exemptions provided by law and that the Judgment 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 Judgment Debtor is precluded from having any of
his property set aside as exempt from Judgment in this case.
IT IS FURTHER ORDERED that a final execution be issued by the Clerk of this Court
for the collection of the judgment in this case.
Signed: September 13, 2011

547090 v.1

27697.9001