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07-740 - General Parts, Inc. v. Scotz (MAG+)


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07-740 - General Parts, Inc. v. Scotz (MAG+)
November 9, 2007
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) 10 Motion for an Injunction be denied; (2) plaintiff's 24 MOTION to Strike defendant's 10 Motion for Injunctive Relief is denied as moot. Objections to R&R due by 11/23/2007. Signed by Judge Terry F. Moorer on 11/9/07. (sl, )
November 30, 2007
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ORDER ADOPTING 28 Recommendation of the Magistrate Judge. Defendant's 10 Motion for an Injunction is denied. Plaintiff's 24 Motion to Strike defendant's Motion for Injunctive Relief is denied as moot. This case is referred back to the Magistrate Judge for additional proceedings. Signed by Judge Myron H. Thompson on 11/30/07. (sl, )
September 25, 2008
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REPORT AND RECOMMENDATIONS that plaintiff's 39 MOTION for Summary Judgment be granted; that the transfer of the one-half interest in the property at 615 Shelia Boulevard in Prattville, Alabama be set aside as fraudulently transferred; that Plaintiff General Parts, Inc. be awarded damages in the amount of $220,422.80; that Judgment be rendered for the Plaintiff General Parts, Inc; Objections to R&R due by 10/8/2008. Signed by Honorable Terry F. Moorer on 9/25/2008. (cc, )
October 21, 2008
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OPINION; An appropriate judgment will be adopted. Signed by Honorable Myron H. Thompson on 10/21/08. (sl, )
October 21, 2008
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JUDGMENT as follows: (1) defendant Robert J. Scotz's 43 objections are overruled; (2) the United States Magistrate Judge's 42 recommendation is adopted; (3) plaintiff General Parts, Inc.'s 39 motion for summary judgment is granted; (4) judgment is entered in favor of plaintiff General Parts, Inc. and against defendant Scotz; (5) it is Declared that one-half interest in the property at 615 Sheila Boulevard in Prattville, Alabama is set aside as fraudulently transferred; (5) plaintiff General Parts, Inc. shall have and recover from defendant Scotz the sum of $220,422.80. Ordered that costs are taxed against defendant Scotz, for which execution may issue. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 10/21/08. (Attachments: # (1) Civil Appeals Checklist)(sl, ) Modified on 2/18/2009 to reflect that pursuant to 50 Order, Paragraph numbered 5 is amended to read as follows: "(5) It is DECLARED that one-half interest in the property at 615 Sheila Boulevard in Prattville, Autauga County, Alabama, more particularly described below, is set aside as fraudulently transferred: Lot 6, Block 9, replat of revised amended correction map of map of Prattville East Plat 2, as the same is recorded in Map Book 3 at Page 139, in the Office of the Judge of Probate of Autauga County, Alabama." (cc, )