Miller v. Mugridge et al

Filing 24

ORDER granting 23 Motion for Final Execution and Issuance of Writ of Execution. Signed by District Judge Richard Voorhees on 5/31/2017. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:09-cv-00127-RLV
E. RICK MILLER CONSTRUCTION
COMPANY,
Plaintiff,
v.
ROBERT W. MUGRIDGE and
DEBORAH A. MUGRIDGE,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Final Execution
and Issuance of Writ of Execution. (Doc. 23).

Defendants Robert W. Mugridge and Deborah

A. Mugridge have not filed a response to Plaintiff’s motion, and the time to file a response has
elapsed.
On August 29, 2011, this Court entered a judgment enforcing an arbitration order and
awarding Plaintiff $58,955.71.

(Docs. 15, 16).

Subsequently, Defendants filed a Motion to

Vacate Arbitration Award, (Doc. 17), which this Court denied, (Doc. 20).

A Notice of Right to

Have Exemptions Designated was issued by the Clerk on October 14, 2016, (Doc. 22), to which
Defendants did not respond. Plaintiff represents that this Court’s judgment has not been satisfied.
(Doc. 23).
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Final Execution and
Issuance of Writ of Execution (Doc. 23) is GRANTED.

IT IS FURTHER ORDERED that

Defendants have waived their right to exempt property from execution of judgment and that none

of the Defendants’ property shall be set aside as exempt from the execution of this Court’s
judgment.

Signed: May 31, 2017