Order: GOOD GATEWAY LLCet al. vs. ORLANDO GATEWAY PARTNERS LLCet al.

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                                Filing # 105484956 E-Filed 03/26/2020 02:00:15 PM




                             IN    THE     CIRCUIT         COURT       OF    THE     NINTH       JUDICIAL          CIRCUIT
                                             IN     AND     FOR      ORANGE         COUNTY,FLORIDA
                      GOOD       GATEWAY           LLC,                           CASE    NO.:2010-CA-            015315-0

                                        Plaintiff                                 COMPLEX         BUSINESS          LITIGATION
                      vs.                                                         DIVIS10N:43

                      ORLANDO            GATEWAY             PARTNERS,
                      LLC,    a Florida     limited    liability  company,
                      NILHAN           HOSPITALITY,                LLC,        A
                      Florida        limited       liability       company,
                      NILOY        &    ROHAN,          LLC,,    a   Georgia
                      limited     liability    company,        ORLANDO
                      GATEWAY,             LLC,      a   Georgia      limited
                      liability   company,       STEVEN         C.  SMITH,
                      an    individual,      NILHAN         FINANCIAL,
                      LLC,        a     Georgia        limited       liability
                      company,       SOUTHEAST            INVESTMENT
                      PROPERTIES,            LLC,     a  Georgia      limited
                      liability     company,        SEG       GATEWAY,
                      LLC,    a Florida     limited    liability  company,
                      CHITTRANJAN                K.     THAKKAR,             an
                      individual,       NCT      SYSTEMS,           INC.,      a
                      Florida    corporation,      and   NILOY,       INC.,    a
                      Georgia             corporation         d/bla      DCT
                      Systems,

                                        Defendants.


                      SEG      GATEWAY,LLC
                                        Cross-   Claimant,
                      VS.


                      ORLANDO           GATEWAY           PARTNERS,
                      LLC,NILHAN             HOSPITALITY,              LLC,
                     NILOY             &        ROHAN,              LLC,
                     CHITTRANJAN                  K.     THAKKAR,
                                                                         ?LC,
                      NILHAN             FINANCIAL,                       NCT
                      ORLANDO
                      SYSTEMS,
                                        GATEWAY,
                                        INC,      and
                                                            LLC,
                                                          NILOY,
                                                                            M
                      d/b/a    DCT   Systcms,

                                        Cross-Claim        Defendants.



                                   ORDER         GRANTING            PLAINTIFFS'           SIXTH       MOTION          FOR
                            PROCEEDINGS               SUPPLEMENTARY                    AND     MOTION          TO    IMPLEAD
                                                                   THIRD       PARTIES

                               THIS     CAUSE       came     before    the  Court    upon    1) Plaintiffs'     Motion     to  Implead

                      and    2)  Plaintiffs'     Sixth    Ex   Parte     Motion      for  Proceedings        Supplementary          filed

                      March      29,    2019     and    Supporting        Memorandum           of   Law     ("Motion")        filed    by

                      Plaintiff,    Good     Gateway,       LLC     ("Good      Gateway"       and/or     "Plaintiff')     and   Cross-

                      Claimant,       SEG     Gateway,       LLC      ("SEG"      and./or    "Cross-Claimant")           (collectively

                      "Plaintiffs").       Judgment       Debtor     Defendants        ("Thakkar")       did   not   respond      to  the

                      Motions.      The    Court,    having     reviewed      the   Motions,      reviewed      the  file,  and    being

                      otherwise     fully   advised    in  the  premises,     the Court     finds:

                               1.       Plaintiffs'    Motions,      a  copy     of  which      are   attached       hereto,    present

                      sufficient      allegations       of    fact    to    implead       and     to    commence          proceedings

                      supplementary         to   execution      on    Plaintiffs'    Final    Judgments        against     third   party

                      defendants      in  execution,      Vijay    Anand,     Peter   International,      LLLP,     Exeter,     Richard

                      Robbins      (collectively     "Impleader      Defendants").




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                               2.       Plaintiffs    are   entitled    to  present,     and   the   Impleader       Defendants        are

                      entitled   to defend     against    the claims     presented in      Plaintiffs'   Motions.

                               3.       It is within    the power      of this  Court,    pursuant     to  $ 56.29,    Fla.  Stat.,  to:

                                        1.       Order    Impleader       Defendants       to  appear    before     this  Court    to  be

                               examined;

                                        2.       Enter    any   order   orjudgment        required     to  carry   out   the purposes

                               of   $  56.29    to  subject    the   property     or   property     rights    of  any    defendant      to

                               execution;     and

                                        3.       Order     all   associated      costs    of   calculation,      including      but   not

                               limited     to  reasonable       attorney's     fees,   to   be   taxed     against    the   Impleader

                               Defendants,       or any   combination        thereof.

                               IT   IS  THEREFORE             ORDERED            AND     ADJUDGED            that:

                               l.       The     Impleader       Defendants        be   impled      into    these    proceedings        by

                      having     a copy    of  this   Order    with   Plaintiffs'    Motion     served    by   a sheriff    or  process

                      server   on   the  impled    parties.

                               2.       That     Defendants        and    Impleader        Defendants         shall   each     have    30

                      g!4yq   from    the   date   of  service     of this   Order     and    Plaintiffs'    Motions       to each    file

                      a  written     response      to the   allegations      in Plaintiffs'     Motions.

                               3.       That    on  a  future   date,   to  be   duly   noticed    by   plaintiffs,    the   Impleader

                      Defendants, individually            and   as principals     and    representatives       on  behalfofimpled


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                      defendant-entity,         shall   appear     in   chambers       before     the    Court     to   be   examined

                      conceming        Impleader      Defendants'       property     and   to  show     cause    why    any   transfers

                      to  the  impled     Impleader      Defendants       should    not   be  considered      void,   and    applied    to

                      the   satisfaction     of  Plaintiffs'    judgment        debt.    On    that   future   date,    all  defending

                      parties    shall   provide      testimony      and    other    evidence      under     oath    which     shall   be

                      comprehensive          and   cover    all  matters     and   things    pertaining      to  the   business      and

                      financial    interests    ofthe   defending      parties,   how    they   received     their  interest,   and the

                      consideration       provided     for  their  interest.    Examination        of  witness    shall  be as at    trial

                      and    any   defending       party   may     call  other    witnesses      or  present     other    evidence      as


                      permitted     by   law.

                               4.       That    at   the   conclusion       of   the   hearing,     the   Court     may     order     any

                      property     oflmpleader        Defendants,       not  exempt     from    execution,      in the hands      ofany

                      impled     party    or  due   to   any   Defendants,       to  be   applied    toward      the  satisfaction      of

                      Plaintiffs'   judgment      debt.

                               5.       That   at the   conclusion      ofthe    hearing,    the Court     may    enter   any order     or

                     judgment       in  furtherance     of  the   purposes     of  $ 56.29,     Fla.  Stat.,  including      any   order

                      avoiding     fraudulent     asset   conversions       or transfers,    appointing      a receiver,     issuing   an

                      injunction,      entering     contempt      orders,    and    for  monetary       relief   against     defending

                      parties for    amounts      owed    to Plaintiffs,    including     attomeys,      fees and costs.




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                               6.       That   prior   to  the above     hearing     the parties     shall  be   entitled   to  conduct

                      discovery     pursuant     to Florida's     Rules    of Civil   Procedure.

                               7.       That    the   Court    reserves     jurisdiction     to   enter   such    other    and   further

                      orders    or  judgments       as  are deemed        necessary      to  enforce    the   terms    of  this   Order,

                      including     but not    limited   to jurisdiction      over   determining       reasonable      attorney's    fees

                      and   reasonable      costs  of  execution      and  proceedings       supplementary.

                               DONE?           D    ODERED?                    dtt?               ,?                         ?   .

                                                                       ?




                                                                                             LEJOHN        JORDAN
                      Copies    to:

                      Copies    to:

                      Clay    M.Townsend,Esq.
                      Kcith    R.Mitnik,Esq.
                      Morgan&Morgan,PA.
                      20N.Orange        Avcnue,Suite         1600
                      0rlando,FL         32801
                      CTownsend@fOrthcpcople.com
                      KMitnik@fo¦         hCpcople      com


                      Stcphen     Breucr
                      John    Moffa
                      Moffa&Brcucr,PLLC

                      alluscrs?     mo?     .law
                      iohn?    mofh     law


                      Matt    Davis,Esq.
                      mdavis?      mpdlegal.com

                      PatHck    Scott,Esq.
                      pamck.scott?        grav-   ?  binson     com




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