Locals 302 and 612 of the International Union of Operating Engineers Construction Industry Health & Security Fund et al v. Maplewood Construction Inc et al

Filing 7

ORDER DIRECTING ENTRY OF JUDGMENT ON GARNISHEE ANSWER by Judge Robert S. Lasnik. (CDA)

THE HONORABLE ROBERT S. LASNIK

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
LOCALS 302 AND 612 OF THE
INTERNATIONAL UNION OF
OPERATING ENGINEERS
CONSTRUCTION INDUSTRY HEALTH
AND SECURITY FUND, et al.,
Plaintiffs,

NO.

MS17-116RSL

ORDER DIRECTING ENTRY OF
JUDGMENT ON GARNISHEE ANSWER

v.
MAPLEWOOD CONSTRUCTION, INC.,
Defendant,
v.
KITSAP BANK,
Garnishee-Defendant.

Summary of Judgment
Judgment Creditor:
Judgment Debtor:
Garnishee-Defendant
Garnishment Judgment Amount:
Estimated Garnishment Costs:
Attorneys Fees:
Other Recovery Amounts:
Percent Interest on Principal:
Interest Rate on Costs:
Attorneys for Judgment
Creditor:

Operating Engineers Trust Funds
Maplewood Construction, Inc.
Kitsap Bank
$14,870.85
$149.50
$250.00
NONE
Twelve percent (12%) per annum
NONE
Reid, McCarthy, Ballew & Leahy, L.L.P.

ORDER DIRECTING ENTRY OF
JUDGMENT ON GARNISHEE ANSWER – Page 1 of 4

THIS MATTER coming on for consideration upon Plaintiffs’ application of
Judgment Creditor, for judgment on the answer of Garnishee-Defendant; it appearing
that Garnishee-Defendant has filed its answer herein stating that it holds funds of the
Judgment-Debtor, Maplewood Construction, Inc., in the sum of $14,870.85; that
judgment Creditor has judgment unsatisfied against the Judgment Debtor in the total
amount of $14,471.35; that Judgment Creditor’s attorneys’ fees in the amount of
$250.00 and costs in the amount of $149.50 in this garnishment action are stated
above; that more than twenty (20) days have elapsed since service of the Writ of
Garnishment and Garnishee Defendant’s answer thereto: that signed affidavit or return
of service of the Writ of Garnishment, Application for Writ of Garnishment including a
copy of the judgment entered in this action, indicating service upon the Judgment
Debtor either by personal service or by Certified mail, is on file herein now, therefore, it
is hereby
ORDERED, ADJUDGED AND DECREED as follows:
1.

The Clerk of Court is directed to enter judgment in favor of the
Judgment Creditor and against the Garnishee-Defendant in the
sum of $14,870.85; such funds to be first applied in satisfaction of
the costs and fees taxable herein;

2.

Upon payment by Garnishee-Defendant of the aforementioned
sum to the registry of this Court, said Garnishee-Defendant shall
be discharged from this action. Upon receipt of said sum, the

ORDER DIRECTING ENTRY OF
JUDGMENT ON GARNISHEE ANSWER – Page 2 of 4

Clerk of the court shall enter full satisfaction of the judgment
against Garnishee-Defendant.
3.

The Clerk of Court is directed to enter judgment in favor of the
Judgment Creditor and against the Judgment Debtor for attorneys’
fees and costs in this garnishment action in the sum of $399.50;
said sum shall be added to Judgment Creditor’s prior judgment
against Judgment Debtor.

4.

Upon receipt of the aforementioned payment from the above
Garnishee-Defendant, the clerk is authorized and directed to draw
a check on the funds on deposit in the registry of this court in the
principal amount of $14,870.85, plus all accrued interest, minus
any statutory user fees, payable to Operating Engineers Trust
Funds, c/o Reid, McCarthy, Ballew & Leahy, L.L.P., 100 West
Harrison Street, North Tower, Suite 300, Seattle WA 98119, and
mail or deliver the check to Reid, McCarthy, Ballew & Leahy,
L.L.P., ATTN: Russell J. Reid, 100 West Harrison Street, North
Tower, Suite 300, Seattle WA 98119.

5.

Upon receipt of said sum, Plaintiffs’ attorney shall cause an
appropriate satisfaction of judgment to be filed as to the principal
Defendant.

ORDER DIRECTING ENTRY OF
JUDGMENT ON GARNISHEE ANSWER – Page 3 of 4

Dated this 21st day of November, 2017.

A
Robert S. Lasnik
United States District Judge 

ORDER DIRECTING ENTRY OF
JUDGMENT ON GARNISHEE ANSWER – Page 4 of 4