Fidelity and Deposit Company of Maryland v. Miles Builders, Inc. et al

Filing 19

ORDER allowing 17 Motion for Final Execution and Issuance of Writ of Execution; allowing 18 Motion for Final Execution and Issuance of Writ of Execution. Signed by District Judge Max O. Cogburn, Jr on 5/3/2013. (blf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00426-MOC-DSC
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND,
Plaintiff,
Vs.

MILES BUILDERS, INC., et al.,
Defendants.

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ORDER

THIS MATTER is before the court on plaintiffs’ Motions for Final Execution and Order
to Preclude Exempt Property Rights.
Based on review of those motions and the underlying pleadings in this case, it appears
that the Judgment Debtors (listed below) have been 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” and that the Judgment Debtors have failed
to file a “Schedule of Debtors’ Property and Request to Set Aside Exempt Property” and have
failed to request a hearing to set aside exempt property or otherwise respond within the time
allowed, as shown by the Declaration of William H. Sturges (#16).
The court, therefore, finds that the Judgment Debtors have had a reasonable opportunity
to assert the exemptions provided by law and that the Judgment Debtors’ failure to respond is a
waiver of their respective rights to have property set aside as exempt from the execution of the
Judgment in this case.

ORDER
IT IS, THEREFORE, ORDERED that plaintiffs’ Motions for Final Execution and
Order to Preclude Exempt Property Rights (#17 & #18) are ALLLOWED, and
(1)

Judgment Debtors Douglas R. Miles, Linda P. Miles, D. Michael Miles, and

Tracie W. Miles, are precluded from having any of their property set aside as exempt from
Judgment in this case; and
(2)

an ORDER OF FINAL EXECUTION be issued by the Clerk of this Court for the

collection of the judgment in this case against the following Judgment Debtors: Douglas R.
Miles, Linda P. Miles, D. Michael Miles, and Tracie W. Miles.

Signed: May 3, 2013