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Filing # 76943218 E-Filed 08/24/2018 11:38:58 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
GOOD GATEWAY LLC, a Florida limited CASE NO.: 2010-CA-015315-O
liability company,
COMPLEX BUSINESS LITIGATION
Plaintiff, DIVISION: 40
vs.
ORLANDO GATEWAY PARTNERS, LLC, a
Florida limited liability company, NILHAN PLAINTIFF’S EX-PARTE MOTION FOR
HOSPITALITY, LLC, a Florida limited WRIT OF GARNISHMENT
liability company, NILOY & ROHAN, LLC, a
(GREENBERG TRAURIG, P.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/b/a DCT Systems,
Defendants.
__________________________________
SEG GATEWAY, LLC, a Florida limited
liability company,
Cross-Claimant,
vs.
ORLANDO GATEWAY PARTNERS, LLC,
NILHAN HOSPITALITY, LLC, NILOY &
ROHAN, LLC, CHITTRANJAN K. THAKKAR,
NILHAN FINANCIAL, LLC, ORLANDO
GATEWAY, LLC, NCT SYSTEMS, INC., and
NILOY, INC., d/b/a DCT Systems,
Cross-Defendants.
PLAINTIFF’S (SEG GATEWAY, LLC’S) EX-PARTE MOTION FOR WRIT OF
GARNISHMENT (GREENBERG TRAURIG, P.A.)
COMES NOW the Plaintiff, SEG GATEWAY, LLC (“SEG” and/or “Plaintiff”
or “Garnishor”), by and through their undersigned counsel, and pursuant to Florida
Statute § 77.01 et. seq., and Rules 1.550 and 1.570 Florida Rules of Civil
Procedure, and other applicable Florida law, hereby moves this Court for the entry
of the attached post-judgment Writ of Garnishment in its favor to levy upon
personal property (including loan documents, promissory notes, files and papers),
revenue, assets, and funds of the Defendants and Judgment Debtors: (1) NILOY
AND ROHAN, LLC (“NR”), (2) CHITTRANJAN K. THAKKAR (“Thakkar”), (3) NCT
Systems, Inc. (“NCT”), (4) Nilhan Financial (“NF”)( this motion is not directed to
Nilhan Financial, LLC which is in bankruptcy, nor does this motion constitute an
effort to collect a debt or property related to Nilhan Financial, LLC) , and (5)
Niloy, Inc. (“Niloy”) (collectively “Defendants” and/or “Judgment Debtors”), and
as grounds therefore states:
1. On October 8, 2015, a hearing was held on Good Gateway, LLC’s and
SEG Gateway, LLC’s (“Plaintiffs”) Motion to Tax Costs which was filed on
March 2, 2015.
2. On December 22, 2015, the Court entered final judgment (filed with
this Court on October 4, 2016) granting payment regarding the Motion to Tax
Costs due to Plaintiffs, Good Gateway and SEG, in the amount of $349,321.82,
and shall bear interest at the statutory rate1 (4.75% per annum), until such time as
the final judgment is paid in full. A certified copy of the final judgment was
recorded with the Orange County Comptroller’s office.
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3. On July 13, 2016, a hearing was held on Good Gateway, LLC’s and
SEG Gateway, LLC’s Motion for Entry of Final Judgment Awarding Attorney’s
Fees as Sanctions.
4. On July 19, 2016, the Court entered final judgment (filed with this
Court on October 4, 2016) granting payment regarding the Motion for Entry of
Final Judgment Awarding Attorney’s Fees as Sanctions due to Plaintiffs, in the
amount of $222,615.25 and $157,041.25, and shall bear interest at the statutory
rate1 (4.75% per annum), until such time as the final judgment is paid in full. A
certified copy of the final judgment was recorded with the Orange County
Comptroller’s office.
5. On August 18, 2016, a hearing was held on Good Gateway, LLC’s
and SEG Gateway, LLC’s Motion for Attorneys’ Fees and Costs for Litigating
Sanctions Awarded.
6. On August 18, 2016, the Court entered final judgment (filed with this
Court on October 4, 2016) granting payment regarding the Motion for Attorneys’
Fees and Costs for Litigating Sanctions Awarded due to Cross-claimant, SEG, in
the amount of $44,766.33, and shall bear interest at the statutory rate1 (4.75% per
annum), until such time as the final judgment is paid in full. A certified copy of
the final judgment was recorded with the Orange County Comptroller’s office.
7. Under Fla. Stat. § 77.01, “[e]very person ... who ... has recovered
judgment... against any person has a right to a writ of garnishment ...”
8. Plaintiff SEG as Garnishor respectfully requests that the Clerk of the
Court immediately issue this writ of garnishment that Plaintiff/ Garnishor SEG
may seek an order to enforce the above-referenced judgments (the “Judgments”).
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9. Plaintiff/Garnishor shows that the Judgments have been obtained
against the Defendants/ Judgment Debtors in this action in the sum of $773,744.65
($201,807.58 as to Nilhan Financial, LLC and $222,615.25 as to Niloy, Inc.).
10. Plaintiff/Garnishor has a good faith belief that Greenberg Traurig,
P.A. (“Garnishee”) is in possession, custody, and/or control of tangible and
intangible personal property, assets, and/or funds of the Defendants/Judgment
Debtors, which are subject to garnishment on which a levy can be made sufficient
to satisfy the Judgment. Garnishor hereby moves for issuance of a writ of
garnishment and suggests that the Garnishee is the holder of property whose
personal property, assets, funds, revenue, income, and/or fees are payable to,
and/or held in trust for, the Defendants/ Judgment Debtors. See U.S. v. Brooks, 40
S.W.3d 411 (Mo. Ct. App. S.D. 2001) (garnishment is an incidental remedy
designed to reach the judgment debtor's property in the hands of a third party).
11. Plaintiff/Garnishor hereby requests that a Writ of Garnishment be
directed to Greenberg Traurig, P.A. who holds personal property, assets, funds,
revenue, income, and/or fees payable to, and/or held in trust for, the Defendant/
Judgment Debtor owing to the Defendants/ Judgment Debtors, NR, Thakkar, NCT,
NF and Niloy.
12. This motion is made ex-parte pursuant to the pronouncement of the
Florida Supreme Court that because the relief requested hereunder is post-
judgment, the judgment-debtor is not entitled to notice nor a hearing before the
issuance of the post-judgment writ and orders requested herein. See United
Presidential Life Ins. Co. v. King, 361 So.2d 710 (Fla. 1978) (“[N]either due
process ... nor any provision of the Florida Constitution requires prior notice to a
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judgment debtor and a hearing before a writ of garnishment may issue.”); First
Union Nat'l Bank of Fla. v. Knyal, 874 So.2d 716 (Fla. 4th DCA 2001) (After final
judgment, the creditor “has the right to a writ of garnishment” which the court
“shall issue” upon motion).
13. Furthermore, Florida courts have interpreted the garnishment
provisions to include garnishment of post-judgment interest. Id. at 717.
WHEREFORE, Plaintiff/Garnishor SEG Gateway, LLC respectfully
requests that the Clerk of the Court immediately issue the attached Writ of
Garnishment on the Garnishee and such other writ as Plaintiff/Garnishor may
present for issuance directed to the following entity, that is in possession, custody,
and/or control of intangible personal property, assets, and/or funds of the
Defendants/Judgment Debtors which are subject to garnishment on which a levy
can be made sufficient to satisfy the Judgment:
Greenberg Traurig, P.A.
c/o CorpDirect Agents, Inc.
1200 South Pine Island Road
Miami, FL 33324
Dated: August 24, 2018 Respectfully Submitted,
MORGAN & MORGAN, P.A.
The Business Trial Group
Attorneys for Plaintiffs
/s/ Clay M. Townsend
Clay M. Townsend, Esq. (FBN 363375)
Keith R. Mitnik, Esq. (FBN 436127)
20 N. Orange Avenue, Ste. 1500
Orlando, FL 32801
Phone: (407) 418-2075
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Fax: (407) 245-3346
CTownsend@forthepeople.com
KMitnik@forthepeople.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 24, 2018, I electronically filed the
foregoing with the Clerk via the Court’s eFiling Portal but did not provide electronic
notification to all counsel of record, nor have Judgment Debtors been provided notice
of this ex parte action. Any such notice would allow the Judgment Debtors the
opportunity to potentially dissipate property held by the Garnishee.
/s/ Clay M. Townsend
Clay M. Townsend, Esq.
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Preview
Filing # 76943218 E-Filed 08/24/2018 11:38:58 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA GOOD GATEWAY LLC, a Florida limited CASE NO.: 2010-CA-015315-O liability company, COMPLEX BUSINESS LITIGATION Plaintiff, DIVISION: 40 vs. ORLANDO GATEWAY PARTNERS, LLC, a Florida limited liability company, NILHAN PLAINTIFF’S EX-PARTE MOTION FOR HOSPITALITY, LLC, a Florida limited WRIT OF GARNISHMENT liability company, NILOY & ROHAN, LLC, a (GREENBERG TRAURIG, P.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/b/a DCT Systems, Defendants. __________________________________ SEG GATEWAY, LLC, a Florida limited liability company, Cross-Claimant, vs. ORLANDO GATEWAY PARTNERS, LLC, NILHAN HOSPITALITY, LLC, NILOY & ROHAN, LLC, CHITTRANJAN K. THAKKAR, NILHAN FINANCIAL, LLC, ORLANDO GATEWAY, LLC, NCT SYSTEMS, INC., and NILOY, INC., d/b/a DCT Systems, Cross-Defendants. PLAINTIFF’S (SEG GATEWAY, LLC’S) EX-PARTE MOTION FOR WRIT OF GARNISHMENT (GREENBERG TRAURIG, P.A.) COMES NOW the Plaintiff, SEG GATEWAY, LLC (“SEG” and/or “Plaintiff” or “Garnishor”), by and through their undersigned counsel, and pursuant to Florida Statute § 77.01 et. seq., and Rules 1.550 and 1.570 Florida Rules of Civil Procedure, and other applicable Florida law, hereby moves this Court for the entry of the attached post-judgment Writ of Garnishment in its favor to levy upon personal property (including loan documents, promissory notes, files and papers), revenue, assets, and funds of the Defendants and Judgment Debtors: (1) NILOY AND ROHAN, LLC (“NR”), (2) CHITTRANJAN K. THAKKAR (“Thakkar”), (3) NCT Systems, Inc. (“NCT”), (4) Nilhan Financial (“NF”)( this motion is not directed to Nilhan Financial, LLC which is in bankruptcy, nor does this motion constitute an effort to collect a debt or property related to Nilhan Financial, LLC) , and (5) Niloy, Inc. (“Niloy”) (collectively “Defendants” and/or “Judgment Debtors”), and as grounds therefore states: 1. On October 8, 2015, a hearing was held on Good Gateway, LLC’s and SEG Gateway, LLC’s (“Plaintiffs”) Motion to Tax Costs which was filed on March 2, 2015. 2. On December 22, 2015, the Court entered final judgment (filed with this Court on October 4, 2016) granting payment regarding the Motion to Tax Costs due to Plaintiffs, Good Gateway and SEG, in the amount of $349,321.82, and shall bear interest at the statutory rate1 (4.75% per annum), until such time as the final judgment is paid in full. A certified copy of the final judgment was recorded with the Orange County Comptroller’s office. -2- 3. On July 13, 2016, a hearing was held on Good Gateway, LLC’s and SEG Gateway, LLC’s Motion for Entry of Final Judgment Awarding Attorney’s Fees as Sanctions. 4. On July 19, 2016, the Court entered final judgment (filed with this Court on October 4, 2016) granting payment regarding the Motion for Entry of Final Judgment Awarding Attorney’s Fees as Sanctions due to Plaintiffs, in the amount of $222,615.25 and $157,041.25, and shall bear interest at the statutory rate1 (4.75% per annum), until such time as the final judgment is paid in full. A certified copy of the final judgment was recorded with the Orange County Comptroller’s office. 5. On August 18, 2016, a hearing was held on Good Gateway, LLC’s and SEG Gateway, LLC’s Motion for Attorneys’ Fees and Costs for Litigating Sanctions Awarded. 6. On August 18, 2016, the Court entered final judgment (filed with this Court on October 4, 2016) granting payment regarding the Motion for Attorneys’ Fees and Costs for Litigating Sanctions Awarded due to Cross-claimant, SEG, in the amount of $44,766.33, and shall bear interest at the statutory rate1 (4.75% per annum), until such time as the final judgment is paid in full. A certified copy of the final judgment was recorded with the Orange County Comptroller’s office. 7. Under Fla. Stat. § 77.01, “[e]very person ... who ... has recovered judgment... against any person has a right to a writ of garnishment ...” 8. Plaintiff SEG as Garnishor respectfully requests that the Clerk of the Court immediately issue this writ of garnishment that Plaintiff/ Garnishor SEG may seek an order to enforce the above-referenced judgments (the “Judgments”). -3- 9. Plaintiff/Garnishor shows that the Judgments have been obtained against the Defendants/ Judgment Debtors in this action in the sum of $773,744.65 ($201,807.58 as to Nilhan Financial, LLC and $222,615.25 as to Niloy, Inc.). 10. Plaintiff/Garnishor has a good faith belief that Greenberg Traurig, P.A. (“Garnishee”) is in possession, custody, and/or control of tangible and intangible personal property, assets, and/or funds of the Defendants/Judgment Debtors, which are subject to garnishment on which a levy can be made sufficient to satisfy the Judgment. Garnishor hereby moves for issuance of a writ of garnishment and suggests that the Garnishee is the holder of property whose personal property, assets, funds, revenue, income, and/or fees are payable to, and/or held in trust for, the Defendants/ Judgment Debtors. See U.S. v. Brooks, 40 S.W.3d 411 (Mo. Ct. App. S.D. 2001) (garnishment is an incidental remedy designed to reach the judgment debtor's property in the hands of a third party). 11. Plaintiff/Garnishor hereby requests that a Writ of Garnishment be directed to Greenberg Traurig, P.A. who holds personal property, assets, funds, revenue, income, and/or fees payable to, and/or held in trust for, the Defendant/ Judgment Debtor owing to the Defendants/ Judgment Debtors, NR, Thakkar, NCT, NF and Niloy. 12. This motion is made ex-parte pursuant to the pronouncement of the Florida Supreme Court that because the relief requested hereunder is post- judgment, the judgment-debtor is not entitled to notice nor a hearing before the issuance of the post-judgment writ and orders requested herein. See United Presidential Life Ins. Co. v. King, 361 So.2d 710 (Fla. 1978) (“[N]either due process ... nor any provision of the Florida Constitution requires prior notice to a -4- judgment debtor and a hearing before a writ of garnishment may issue.”); First Union Nat'l Bank of Fla. v. Knyal, 874 So.2d 716 (Fla. 4th DCA 2001) (After final judgment, the creditor “has the right to a writ of garnishment” which the court “shall issue” upon motion). 13. Furthermore, Florida courts have interpreted the garnishment provisions to include garnishment of post-judgment interest. Id. at 717. WHEREFORE, Plaintiff/Garnishor SEG Gateway, LLC respectfully requests that the Clerk of the Court immediately issue the attached Writ of Garnishment on the Garnishee and such other writ as Plaintiff/Garnishor may present for issuance directed to the following entity, that is in possession, custody, and/or control of intangible personal property, assets, and/or funds of the Defendants/Judgment Debtors which are subject to garnishment on which a levy can be made sufficient to satisfy the Judgment: Greenberg Traurig, P.A. c/o CorpDirect Agents, Inc. 1200 South Pine Island Road Miami, FL 33324 Dated: August 24, 2018 Respectfully Submitted, MORGAN & MORGAN, P.A. The Business Trial Group Attorneys for Plaintiffs /s/ Clay M. Townsend Clay M. Townsend, Esq. (FBN 363375) Keith R. Mitnik, Esq. (FBN 436127) 20 N. Orange Avenue, Ste. 1500 Orlando, FL 32801 Phone: (407) 418-2075 -5- Fax: (407) 245-3346 CTownsend@forthepeople.com KMitnik@forthepeople.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 24, 2018, I electronically filed the foregoing with the Clerk via the Court’s eFiling Portal but did not provide electronic notification to all counsel of record, nor have Judgment Debtors been provided notice of this ex parte action. Any such notice would allow the Judgment Debtors the opportunity to potentially dissipate property held by the Garnishee. /s/ Clay M. Townsend Clay M. Townsend, Esq. -6-