Branch Banking and Trust Company v. Crystal Centre, LLC et al
| Branch Banking and Trust Company |
| Crystal Centre, LLC, Oswald P. Carrerou and Donald K. Stephens |
| 8:2015cv01462 |
| June 22, 2015 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Elizabeth A. Jenkins |
| James S. Moody |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
393
ORDER granting in part and denying in part 383 motion for miscellaneous relief. Signed by Magistrate Judge Amanda Arnold Sansone on 10/4/2018. (DMP)
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Filing
369
ORDER: The Report and Recommendation Dkt. 366 of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. BB&T's Motion for Final Judgment in G arnishment Regarding Garnishee CenterState Bank Dkt. 291 is granted in part and denied in part for the reasons explained in the Report and Recommendation. Final Judgment of Garnishment in favor of Branch Banking and Trust Company and against the Garnishee CenterState Bank of Florida, N.A. should be issued in the amount of $138,153.17 for the account ending in xxx756 and the amount of $4,665.55 for the account ending in xxx230. Signed by Judge James S. Moody, Jr. on 3/13/2018. (SMB)
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Filing
367
ORDER denying as moot 306 TD Ameritrade's Renewed Motion for Attorney's Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 3/6/2018. (DMP)
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Filing
364
ORDER adopting 362 REPORT AND RECOMMENDATIONS. BB&T's Motion for Final Judgment in Garnishment Regarding Garnishee TD Ameritrade 292 is DENIED. The Writ of Garnishment against TD Ameritrade is hereby dissolved pursuant to Section 77.07, Fla. Stat. Signed by Judge James S. Moody, Jr. on 2/21/2018. (SMB)
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Filing
311
ORDER: Leah and Oswald Carrerou's Preliminary Motion to Stay 309 is granted to the extent that they shall have fourteen (14) days from the date of this Order to file any motion related to the Court's September 1, 2017 Order. The Cour t underscores that multiple motions for relief are disfavored. Further, counsel shall confer in good faith on any pending issues in an attempt to resolve the issues prior to filing a motion with the Court. A statement that counsel was unable to con fer prior to filing a motion is insufficient and will result in a denial of the motion. The stay of the Court's September 1, 2017 Order shall remain in place until the Court resolves the pending issues related to the Judgment in Garnishment aga inst Garnishee Pershing, LLC, which includes any issues related to the withholding of taxes. The Court defers ruling on Garnishee Pershing LLC's Motion for Additional Instructions Pertaining to the Order Dated September 1, 2017 310 until all interested parties have had an opportunity to file a response, which is due on September 25, 2017. If the Court does not receive a response by that time, it will assume that there is no opposition to Garnishee Pershing LLC's proposed order. Signed by Judge James S. Moody, Jr. on 9/15/2017. (LN)
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Filing
300
ORDER: The Report and Recommendation 290 of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Plaintiff's Motion for Final Judgment in G arnishment Regarding Garnishee Pershing, LLC (Dkt. 260) is GRANTED in Plaintiff's favor and JUDGMENT IN GARNISHMENT is hereby entered against Garnishee Pershing, LLC in the amount of $11,877.04 (account -- 0698) and $174,919.91 (accoun t -- 0631). Garnishee Pershing, LLC is directed to pay Plaintiff, via wire transfer, the total sum awarded in garnishment within five (5) business days of this Order. The writ of garnishment against Garnishee Pershing, LLC shall remain in place as to the account ending in -- 0607, pursuant to Section 77.07(5), Fla. Stat. Signed by Judge James S. Moody, Jr. on 9/1/2017. (LN)
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Filing
205
ORDER: Plaintiff's Motion for Attorney's Fees 200 is granted. The Clerk of Court is directed to enter a final judgment of attorney's fees in the amount of $2,827.10 in Plaintiff's favor and against Defendant Oswald P. Carrerou, for all of which let execution issue forthwith. This case shall remain closed. Signed by Judge James S. Moody, Jr. on 2/7/2017. (LN)
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Filing
195
ORDER: The Report and Recommendation 192 of the Magistrate Judge is adopted in part and reversed in part, and, to the extent adopted, it is made a part of this order for all purposes, including appellate review. Plaintiff's Motion for Cha rging Order against Oswald P. Carrerou's Interests in Limited Liability Companies 145 is GRANTED as to Defendant Carrerou's interests in Lake Sears Shores, LLC. A Charging Order as to Lake Sears Shores, LLC will be entered. The Motion [ 145] is DENIED without prejudice as to Defendant Carrerou's interests in Bretton Ridge LLC, Carrerou Enterprises, LLC, Luxury Apartment Living LLC, Casa Acquisitions, LLC, Premier Construction A/C & Electrical LLC, Premier Construction LLC, Idyl wild Luxury Homes, LLC, Mid-Horizon Investments, LLC, and Sands Aviation, LLC, but Plaintiff is permitted to file a renewed motion, if appropriate, should further post-judgment discovery reveal evidence rebutting a presumption of tenancy by the entir eties as to these nine limited liability companies. The Motion 145 is GRANTED as to Plaintiff's request for reasonable attorneys' fees and costs incurred in connection with filing this Motion. Signed by Judge James S. Moody, Jr. on 1/5/2017. (LN)
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Filing
99
ORDER: Plaintiff's Motion for Attorney's Fees and Taxable Costs 46 is granted in part and denied in part as explained herein. Plaintiff is awarded attorney's fees in the amount of $64,388.85 and costs in the amount of $ ;530.00. The Clerk of Court is directed to enter a final judgment of attorney's fees and costs in the total amount of $64,918.35 in Plaintiff's favor and against Defendants Crystal Centre, LLC and Oswald P. Carrerou, jointly and severally, for all of which let execution issue forthwith. This case shall remain closed. Signed by Judge James S. Moody, Jr on 9/12/2016. (LN)
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Filing
44
ORDER: Plaintiff's Motion for Final Summary Judgment against Defendant Oswald P. Carrerou 40 and Plaintiff's Renewed Motion for Default Final Judgment against Defendant Crystal Centre, LLC 41 are granted as explained herein. The C lerk of Court is directed to enter Final Judgment in Plaintiff's favor and against Defendants Crystal Centre, LLC and Oswald P. Carrerou, jointly, and severally, in the amount of $927,149.53, all of which shall bear interest at the per annu m rate specified by 28 U.S.C. § 1961, and for all of which let execution issue forthwith. The Clerk of Court is directed to close this case and terminate any pending motions as moot. Any motion for attorney's fees and costs shall be filed within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr on 8/3/2016. (LN)
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Filing
33
FINAL JUDGMENT AGAINST DEFENDANT DONALD K. STEPHENS: The Joint Stipulation is hereby APPROVED. Final Judgment is hereby granted in favor of Plaintiff and against Defendant Donald K. Stephens as to Count III of the Complaint. BB&T is owed by Don ald K. Stephens the total sum of $988,249.86, through and including February 10, 2016, plus any additional per diem interest accruing from February 11, 2016, through and including the date on which the Final Judgment is entered, at the rate of $90.71, all of which shall bear interest at the per annum rate specified by 28 U.S.C. § 1961, and for all of which let execution issue forthwith. Plaintiff Branch Banking and Trust Company's address is 2301 Lucien Way, Suite 395, Mait land, Florida 32751. Defendant Donald K. Stephens' address is 2636 Bellerive Drive, Lakeland, Florida 33803. Jurisdiction over the enforcement of the Final Judgment against Defendant Donald K. Stephens is retained for a period of one (1) year from the date on which the Final Judgment is entered. Signed by Judge James S. Moody, Jr on 3/29/2016. (LN)
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Filing
25
ORDER: Plaintiff's Motion for Default Judgment against Defendant Crystal Centre, LLC 24 is denied without prejudice to be reasserted, to the extent appropriate, when this case becomes ripe for final resolution. Signed by Judge James S. Moody, Jr on 12/23/2015. (LN)
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Filing
9
ORDER: Defendant Donald K. Stephens' Motion to Dismiss or for a More Definite Statement 5 is DENIED. Defendant Donald K. Stephens shall file an answer to the complaint within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr on 8/11/2015. (LN)
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