Franch et al v. HP Locate LLC et al

Filing 82

Order 79 Accepting Findings and Recommendations and granting 68 Application for Turnover Relief Against Judgment. The court orders Defendants to turnover, by 3/7/2017, the following property interests to Plaintiffs: (1) any and all currently pending claims of Defendants in the arbitration proceeding #13-148-Y-01774-1201 RERK-C, up to the amount of Plaintiffs' judgment in this case plus accrued interest, (2) any monies recovered by Defendants as a result of the aforementioned arbitr ation proceeding, to the extent such monies are still in their possession and control, up to the amount of Plaintiffs' judgment in this case plus accrued interest, and (3) all documents and records in Defendants' possession or control relevant to the pending arbitration proceeding. (Ordered by Judge Sam A Lindsay on 2/7/2017) (epm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANDREW A. FRANCH AND HANNAH
§
SUN-HYUN KIM, individually and as
§
Trustee of the Andrew A. Franch Living Trust, §
§
Plaintiffs,
§
v.
§
§
HP LOCATE, LLC, a Texas Limited
§
Liability Company; HP LOCATE, LLC,
§
a Texas Limited Liability Company d/b/a
§
HP Debt Exchange, LLC; AND HP DEBT
§
EXCHANGE, LLC, a Texas Limited
§
Liability Company,
§
§
Defendants.
§

Civil Action No. 3:14-CV-3247-L

ORDER
On January 19, 2017, United States Magistrate Judge Irma Carrillo Ramirez entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court grant the Application of Plaintiffs for Turnover Relief Against
Judgment Defendants HP Locate, LLC D/B/A HP Debt Exchange, LLC, and HP Debt Exchange,
LLC (Doc. 68). No objections were filed to the Report.
Having reviewed the Application, file, record in this case, and the Report, the court
determines that the findings and conclusions of the magistrate judge are correct, and accepts them
as those of the court. Accordingly, the court grants the Application of Plaintiffs for Turnover Relief
Against Judgment Defendants HP Locate, LLC D/B/A HP Debt Exchange, LLC, and HP Debt
Exchange, LLC (Doc. 68) and orders Defendants to turnover by March 7, 2017, the following
property interests to Plaintiffs: (1) any and all currently pending claims of Defendants in the
Order - Page 1

arbitration proceeding HP Debt Exchange, LLC v. Wells Fargo Bank, N.A. and Absolute Resolutions
Corp., AAA NY Arbitration No. 13-148-Y-01774-1201 RERK-C, up to the amount of Plaintiffs’
judgment in this case plus accrued interest; (2) any monies recovered by Defendants as a result of
the aforementioned arbitration proceeding, to the extent such monies are still in their possession and
control, up to the amount of Plaintiffs’ judgment in this case plus accrued interest; (3) all documents
and records in Defendants’ possession or control relevant to the pending arbitration proceeding,
including the execution of a confidentiality waiver allowing Plaintiffs to intervene in the proceeding.
It is so ordered this 7th day of February, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2