HTA Medical Portfolio 2, LLC, a Delaware limited liability company v. Bartel et al

Filing 123

ORDER ACCEPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION ON MOTION FOR CHARGING ORDER re: 122 Findings and Recommendations on Motion re: 119 Motion for Miscellaneous Relief. (Ordered by Judge Reed C O'Connor on 10/13/2016) (skg)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION HTA MEDICAL PORTFOLIO 2, LLC, Plaintiff, v. DANNY BARTEL, M.D. et al, Defendants. § § § § § § § § § § § Civil Action No. 7:13-cv-00136-O ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION ON MOTION FOR CHARGING ORDER The United States Magistrate Judge made a report and recommendation in this case. See ECF No. 122. No objections were filed. The District Court reviewed the proposed report and recommendation de novo. See World Fuel Servs. Corp. v. Moorehead, 229 F. Supp. 2d 584, 585–86 (N.D. Tex. 2002) (Lindsay, J.). Accordingly, the Court ACCEPTS the Report and Recommendation of the United States Magistrate Judge. The Court ORDERS as follows: 1. Plaintiff HTA Medical Portfolio 2, LLC (“HTA”) is entitled to an order charging the interest, if any, of judgment debtor Sanjoy Sundaresan, M.D. (“Sundaresan”) in Stargazer Investments, Ltd. (“Stargazer”) for the amounts owed under the Final Judgment entered in this case on June 19, 2015. Sundaresan’s interest in Stargazer, if any, is hereby charged in favor of HTA in the amount of the outstanding, unpaid sum of $1,128,678.68, plus the amount of post-judgment interest accruing on the unpaid principal of the Final Judgment until paid; 1 2. Stargazer must pay directly to HTA c/o Buffey E. Klein, Husch Blackwell LLP, 2001 Ross Avenue, Suite 2000, Dallas, Texas 75201, all present and future distributions, credits, drawings, or payments which would have been paid to Sundaresan or otherwise transferred into a bank account held by Sundaresan, individually, or with any other person, to which Sundaresan would otherwise be entitled in respect to his partnership interest in Stargazer. SO ORDERED on this 13th day of October, 2016. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE 2

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