BENNETT et al v. ITOCHU INTERNATIONAL INC. et al

Filing 242

ORDERED THAT ITOCHU INTERNATIONAL INC.'S MOTION FOR ORDER DETERMINING OWNERSHIP OF DR. JOHN A. BENNETT'S EIGHT VEHICLES IS GRANTED IN PART. DR. JOHN BENNETT'S REQUEST FOR A FULL EVIDENTIARY HEARING ON THE MOTION IS DENIED. IT IS FURTHE R ORDERED THAT, IMMEDIATELY UPON ENTRY OF THIS ORDER, ITOCHU INTERNATIONAL, INC. SHALL BE ENTITLED TO COLLECT THE MONEY OBLIGATED TO IT PURSUANT TO THE BOND ENTERED ON 1/27/2014, BETWEEN DR. JOHN BENNETT AND NANCE DIROCCO AS PRINCIPALS AND INTERNATIONAL FIDELITY INSURANCE COMPANY AS SURETY IN THE FULL AMOUNT $87,236.00. ETC.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/22/2014. 5/28/2014 ENTERED AND COPIES MAILED AND E-MAILED, USM.(sg, ) Modified on 5/28/2014 (afm, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ITOCHU INTERNATIONAL, INC.,
Plaintiff,

CIVIL ACTION
NO. 09-cv-1819

v.

CONSOLIDATED WITH

DEVON ROBOTICS, LLC, ET. AL.,
Defendants.

~

AND NOW, this

;)_;I

NO. 09-cv-4123

ORDER

day of May, 2014, upon consideration of

ITOCHU INTERNATIONAL INC.'s Motion for Order Determining
Ownership of Dr. John A. Bennett's Eight Vehicles (Case No. 94123, Doc. No. 251), Dr. John Bennett's Response in Opposition
Thereto (Doc. No. 254)

I

and ITOCHU INTERNATIONAL INC.'s Reply in

Further Support Thereof (Doc. No. 255), it is hereby ORDERED that
the Motion is GRANTED in part. Dr. John Bennett's request for a
full evidentiary hearing on the Motion is DENIED.
The Court FINDS that the following vehicles are titled in
the name of Judgment Debtor Dr. John Bennett, are the individual
property of Judgment Debtor Dr. John Bennett, and are not
entireties property:
(1)

A 2005 Jeep Grand Cherokee, see Exhibit A to ITOCHU and
Medsurg's Motion (Doc. No. 251).

(2)

A 2005 Ford F150, see Exhibit B to ITOCHU and Medsurg's

Motion.
(3)

A 2007 Ford F150, see Exhibit C to ITOCHU and Medsurg's
Motion.

(4)

A 2007 Mercedes Benz SL550, see Exhibit D to ITOCHU and
Medsurg's Motion.

(5)

A 2007 BMW 750Li, see Exhibit E to ITOCHU and Medsurg's
Motion.

(6)

A 2007 Cadillac Escalade, see Exhibit F to ITOCHU and
Medsurg's Motion.

(7)

A 2012 Audi A8, see Exhibit G to ITOCHU and Medsurg's
Motion.

It is FURTHER ORDERED that, immediately upon entry of this
Order, ITOCHU International, Inc. shall be entitled to collect
the money obligated to it pursuant to the bond entered on January
27, 2014, between Dr. John Bennett and Nance DiRocco as
principals and International Fidelity Insurance Company as surety
in the full amount of $87,236.00.
It is FURTHER ORDERED that, immediately upon entry of this
Order, ITOCHU International, Inc. shall be permitted to direct
the United States marshal to take manual possession of - and Dr.
John Bennett shall surrender possession of - the 2012 Audi A8.

See Exhibit G to ITOCHU and Medsurg's Motion.
Further, Dr. John Bennett is DIRECTED to submit to the

Court, within fifteen (15) days of entry of this Order,
supplemental evidence regarding title to the 2006 Cadillac
Escalade, see Exhibit J to ITOCHU and Medsurg's Motion. 5 ITOCHU
and Medsurg shall submit their reply, if any, within fourteen
(14) days of Dr. Bennett's submission.

BY THE COURT:

CURTIS

5

This evidence should address whether and when title of the vehicle
passed from Dr. Bennett to Mr. Perna, as well as any other issues Dr. Bennett
deems relevant. It may be accompanied by a brief memorandum of law.