Roper v. Fifth Third Bank Inc
Richard B. Roper |
Jane C Caito |
Fifth Third Bank Inc |
7:2015cv00116 |
July 21, 2015 |
US District Court for the Northern District of Texas |
Wichita Falls Office |
Wichita |
Reed C O'Connor |
Other Statutes: Securities/Commodities/Exchange |
Garnishment |
None |
Docket Report
This docket was last retrieved on September 10, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 FINAL ORDER OF GARNISHMENT: It is ORDERED that Receiver recover against Garnishee the sum of $3,009.34, such sum to be credited to the judgment in Civil Action No. 7:11-cv-00031-O; and It is ORDERED that Garnishee recover against Defendant its reasonable attorney's fees incurred in this proceeding in the amount of $750.00. All relief not expressly granted herein is denied, and this Final Order of Garnishment finally disposes of all parties and all claims and is appealable. This Final Order of Garnishment is a final judgment pursuant to the Texas Supreme Courts decision in Lehmann v. Har-Con Corp., 39 S.W.3d 291 (Tex. 2011). (Ordered by Judge Reed C O'Connor on 9/10/2015) (plp) |
Filing 8 SATISFACTION OF JUDGMENT Agreed Judgment on Garnishment filed by Fifth Third Bank Inc, Richard B. Roper. (Thiagarajan, Radha) |
Filing 7 Writ of Garnishment Issued as to Fifth Third Bank. (Ordered by Judge Reed C O'Connor on 7/27/2015) (plp) |
Filing 6 AMENDED DOCUMENT by Richard B. Roper. Proposed Writ of Garnishment. (Thiagarajan, Radha) |
Filing 5 ORDER: Accordingly, it is ORDERED as follows: (1) That Ropers Application for Writ of Garnishment (ECF No. 4) should be and is hereby GRANTED; (2) That Roper SHALL FILE an Amended Writ of Garnishment on or before August 3, 2015, correcting the date of the Final Judgment issued against Caito from March 29, 2012 to May 8, 2013. (3) That, after the Amended Writ of Garnishment is filed, the clerk SHALL ISSUE the attached Writ of Garnishment that commands Fifth Third Bank which may be served with process by serving its registered agent Corporation Service Company d/b/a CSC, at 211 E. 7th Street, Suite 620, Austin, TX 78701, as Garnishee to appear as required by law and answer under oath what property the Garnishee has of Caito, and where that property was when the writ was served, and what other persons, if any, within Garnishees knowledge, have effects of the Judgment Debtor Caito; (4) That the maximum value of property or indebtedness that may be garnished not exceed the amounts awarded in the Judgment; and (5) That, upon service of the Writ of Garnishment on Garnishee, Roper must serve notice of the garnishment pursuant to applicable law on Caito at her residence located in Cleveland, Ohio. (Ordered by Judge Reed C O'Connor on 7/27/2015) (trt) |
Filing 4 APPLICATION for Writ of Garnishment (Amended) filed by Richard B. Roper. (Filer fee note- Fee paid in case 7:15-cv-00116.) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Final Order, #2 Affidavit(s) Roper Affidavit, #3 Proposed Order Order granting application, #4 Additional Page(s) proposed writ) (Thiagarajan, Radha) |
Filing 3 ORDER: Before the Court are Plaintiff Richard B. Roper's ("Roper") Application for Writ of Garnishment (ECF No. #1 ), filed July 21, 2015. The application indicates that a Final Judgment against Defendant Jane C. Caito ("Caito") in Roper v. Abbott, No. 7:11-cv-00031-O (N.D. Tex.) is attached; however, the Final Judgement has not been attached. Accordingly, Plaintiff is ORDERED to submit an amended application for a Writ of Garnishment with the underlying Final Judgment attached on or before July 29, 2015. (Ordered by Judge Reed C O'Connor on 7/22/2015) (plp) |
Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Roach). Clerk to provide copy to plaintiff if not received electronically. (plp) |
Filing 1 APPLICATION for Writ of Garnishment filed by Richard B. Roper. (Filing fee $400; receipt number 0539-6943700) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet letter to clerk, #2 Exhibit(s) Proposed Writ, #3 Affidavit(s) Affidavit of Roper, #4 Proposed Order proposed order granting writ) (Thiagarajan, Radha) |
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