Iron Workers District Council of Southern Ohio and Vicinity Benefit Trust, Pension Trust and Annuity Trust v. American Builders et al

Filing 34

ORDER granting 33 Motion for Writ of Garnishment. Signed by Magistrate Judge Sharon L Ovington on 6/18/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
IRON WORKERS DISTRICT
COUNCIL OF SOUTHERN OHIO &
VICINITY BENEFIT TRUST, et al.,
Plaintiffs,

:
:
:
Case No. 3:10cv00029

vs.

:
:

District Judge Timothy S. Black
Chief Magistrate Judge Sharon L. Ovington

AMERICAN BUILDERS, et al.,
:
Defendants.

ORDER

Plaintiffs Iron Workers District Council of Southern Ohio & Vicinity Benefit Trust,
et al. (“Plaintiffs”) have filed a motion with this Court for the issuance of a writ of
continuing garnishment in this case against Defendants American Builders, et al. Plaintiffs’
Motion and Memorandum in Support claim that $109,790.46 remains outstanding on a June
17, 2010 Consent Judgment Entry, which has been registered in this case as Case Doc. #19.
Plaintiffs believe that Defendant American Builders Design and Fabrication, LLC has funds
due and owing from a certain general contractor, which are non-exempt interests subject to
garnishment:
Harp Contractors, Inc.
201 E. Andrus Rd.
Northwood, OH 43619

Accordingly, Plaintiffs’ Motion is GRANTED. A Writ of Continuing Garnishment in
the amount of $109,790.46 is hereby issued in favor of Plaintiffs and against Defendant
American Builders Design and Fabrication, LLC for funds due and owing from the above
general contractor. Plaintiffs shall prepare and file the appropriate Notices and Answers to
accomplish the garnishment.

June 18, 2013
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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