Universal Safety Response, Inc. v. Government Technical Services, LLC et al
Universal Safety Response, Inc. |
Government Technical Services, LLC, Aaron Terry, Joseph Terry and Michelle Vandergrift |
2:2011cv00122 |
February 22, 2011 |
US District Court for the Middle District of Alabama |
Montgomery Office |
XX US, Outside State |
Myron H. Thompson |
Susan Russ Walker |
Other Contract |
28 U.S.C. ยง 1332 |
Both |
Available Case Documents
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Document Text |
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Filing 4 OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Universal Safety Response, Inc.'s 2 Ex Parte Motion for Writ of Seizure is granted as to the escrow account held by defendant ServisFirst Bank, Inc . (2) A writ of seizure against defendants Government Technical Services, LLC, ServisFirst Bank, Inc., Aaron Terry, Joseph Terry, and Michelle Vandergrift in the amount of $624,576.81 will issue, albeit only as to the escrow account held by defe ndant ServisFirst Bank, Inc. DEFENDANTS GOVERNMENT TECHNICAL SERVICES, LLC, SERVISFIRST BANK, INC., AARON TERRY, JOSEPH TERRY, AND MICHELLE VANDERGRIFT ARE ENTITLED, AS A MATTER OF RIGHT, TO A PRE-JUDGMENT HEARING ON THE ISSUE OF DISSOLUTION OF THE W RIT IF A WRITTEN REQUEST FOR HEARING IS SERVED ON COUNSEL FOR THE PLAINTIFF WITHIN FIVE (5) DAYS FROM THE DATE OF SEIZURE OF THE PROPERTY BY THE SHERIFF OR OTHER DULY CONSTITUTED OFFICER. IF SUCH A REQUEST IS MADE, THE WRIT SHALL EXPIRE UPON THE FIFT EENTH DAY FROM SAID DATE OF SEIZURE UNLESS THE COURT, AFTER HEARING, CONTINUES THE ORDER IN EFFECT. THE EXPIRATION OF THE WRIT SHALL NOT PREJUDICE THE RIGHT OF THE PLAINTIFF TO A REINSTATEMENT THEREOF BUT ANY SUCH REINSTATEMENT SHALL NOT BE MADE WITH OUT NOTICE AND HEARING. IF NO REQUEST FOR A HEARING IS MADE WITHIN THE FIVE- (5-) DAY PERIOD, THE WRIT SHALL REMAIN IN EFFECT PENDING FURTHER ORDER OF THE COURT BUT, THE COURT, IN ITS DISCRETION, MAY HEAR A REQUEST FOR DISSOLUTION OF THE WRIT ALTHOUGH SAID REQUEST IS SERVEDMORE THAN FIVE (5) DAYS FROM THE DATE OF SEIZURE. Ala.R.Civ.P 64(b)(2)(B) (capitalization added). Signed by Honorable Myron H. Thompson on 3/1/2011. (dmn) |
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