Swan Racing Company, LLC v. XXXtreme Motorsport, LLC et al

Filing 88

ORDER granting Plaintiff's 87 Motion for Final Execution and Issuance of Writ of Execution. Signed by District Judge Kenneth D. Bell on 11/4/2022. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-00155-KDB-DCK
SWAN RACING COMPANY,
LLC,
Plaintiffs,
v.

ORDER

XXXTREME MOTORSPORT,
LLC
JOHNATHAN COHEN,
Defendants.

THIS MATTER is before the Court on Plaintiff’s Motion for an Order of Final Execution
in this matter. (Doc. No. 87). The Defendant has been served a copy of the Judgment and the
Notice of Right to have exemptions designated and to set aside exempt property. (Doc. No. 86).
The Defendant has failed to file a request to set aside exempt property. Furthermore, the Defendant
has failed to request a hearing to set aside exempt property or otherwise respond within the time
allowed. The Court therefore finds that the Defendant has had a reasonable opportunity to assert
the exemptions provided by law and that the Defendant’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 Defendant is precluded from having any of his
property set aside as exempt from Judgment in this case and that a final execution be issued by the
Clerk of this Court for the collection of the Judgment.

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SO ORDERED

Signed: November 4,
2022

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