San Juan Construction, Inc. v. R. Custom Excavation, Inc. et al

Filing 10

JUDGMENT on Answer and Order to Pay: Garnishee M&T Securities, Inc., is ORDERED to pay $201,142.92 to the Court registry. M&T Securities, Inc., as garnishee is advised that failure to pay its judgment amount may result in execution of the judgment, including garnishment. Signed by Judge Benjamin H. Settle. (CMG; cc to fin'l)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SAN JUAN CONSTRUCTION, INC.,

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Plaintiff,

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v.

JUDGMENT ON ANSWER AND
ORDER TO PAY

R. CUSTOM EXCAVATION, INC., and
UPPER HUDSON NATIONAL INSURANCE
GROUP
(JDAGD)

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NO: 3:14-mc-05027-BHS

Defendants,
M&T SECURITIES, INC.,

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Garnishee.

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This matter came before the Court on Plaintiff San Juan Construction, Inc.’s Motion for
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Judgment on Answer and Order to Pay. Pursuant to RCW 6.27.250(1) and Federal Rule of
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Civil Procedure 69, the Court, having reviewed the Motion and pleadings and records on file
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herein,
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IT IS HEREBY ORDERED that Plaintiff’s Motion is granted. Garnishee M&T
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Securities, Inc., is ordered to pay $201,142.92 to the Court registry. The Court finds this
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amount is in accordance with the funds of Defendant Upper Hudson National Insurance Group
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that M&T Securities, Inc., reported it had in its possession or control in the Answer to the Writ
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of Garnishment that M&T Securities, Inc., filed with the Court. (Dkt. 4)
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The Court also finds that pursuant to RCW 6.27.250(1), San Juan Construction, Inc.,
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has submitted the required certificate of service of the Writ of Garnishment and Application on
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Upper Hudson National Insurance Group. (Dkt. 5) Upper Hudson National Insurance Group
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failed to controvert M&T Securities, Inc.’s Answer to the Writ of Garnishment within its 2024
day period to do so under RCW 6.27.210.
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Garnishee M&T Securities, Inc., shall make payment of $201,142.92 out to the United
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States District Court, Western District of Washington, referencing Case No. MC14-5027-BHS
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JUDGMENT AND ORDER TO PAY (JDAGD) - 1
3:14-mc-05027-BHS
DWT 25619916v1 0086794-000032

Davis Wright Tremaine LLP
L AW O FFICE S
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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and C14-5722-RBL, and delivered either personally or by First Class Mail to:
United States District Court
Western District of Washington
Attn: Financial Clerk – Lobby Level
700 Stewart Street
Seattle, Washington 98101

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The clerk of the court shall note receipt of the funds and is ordered to forthwith disburse
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such payment to Mr. John C. Theiss, Plaintiff’s counsel.
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Payment of these funds shall be applied to the outstanding judgment Upper Hudson
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National Insurance Group owes San Juan Construction, Inc., in Case No. C14-5722-RBL. This
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judgment and order is in conformance with the requirements of RCW 6.27.265.
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M&T Securities, Inc., as garnishee is advised that failure to pay its judgment amount
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may result in execution of the judgment, including garnishment.
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Dated this 26th day of January, 2015.

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A

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BENJAMIN H. SETTLE
United States District Judge

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Court Address:
United States District Court
1717 Pacific Avenue, Room 3100
Tacoma, Washington 98402-3200

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Presented by:
Attorney for Plaintiff
John C. Theiss, WSBA #24488
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045

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JUDGMENT AND ORDER TO PAY (JDAGD) - 2
3:14-mc-05027-BHS
DWT 25619916v1 0086794-000032

Davis Wright Tremaine LLP
L AW O FFICE S
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax