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

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                                Filing # 65485339 E-Filed 12/15/2017 06:25:19 PM


                  IN THE CIRCUIT COURT FOR THE NINTH
                  JUDICIAL CIRCUIT IN AND FOR
                  ORANGE COUNTY, FLORIDA

                  GOOD GATEWAY, LLC, a Florida limited
                  Liability company,

                           Plaintiff,
                  vs.                                                                     Case No. 2010-CA-015315-O

                  ORLANDO GATEWAY PARTNERS, LLC,
                  A Florida limited liability company;                                    Division 43
                  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
                  INVESTMNET 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
                  ______________________________________/


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                  GOOD GATEWAY, LLC

                           Garnishor,

                  and

                  NILOY THAKKAR,

                           Garnishee.
                  _________________________________/

                                   GARNISHEE’S ANSWER TO WRIT OF GARNISHMENT AND
                                               DEMAND FOR STATUTORY ALLOWANCE

                           COMES       NOW      Garnishee,      NILOY     THAKKAR        (“Garnishee”),      by   and   through    his

                  undersigned       counsel,     and   answers      the  Writ   of  Garnishment        served    on   it by   GOOD

                  Gateway,      LLC    (“Garnishor”),     and    demands       the  statutory    allowance      from   the   Plaintiff

                  payable      to  Garnishee       as   payment       towards      Garnishee’s       reasonable       attorney     fee

                  pursuant to § 77.28, Fla. Stat., and states:

                           1.       Garnishor     served     a Writ   of  Garnishment       on  Garnishee      on   November       27,

                  2017.

                           2.       At  the  time   of the   service   of  the  writ, Garnishee      was    not  indebted    to,  and

                  has   not  held   any   money     or  property    of defendants      Niloy   &  Rohan,     LLC,   Chittranjan     K.

                  Thakkar,      NCT     Systems,       Inc.,   Nilhan    Financial,     LLC,     or   Niloy,    Inc.   (collectively,

                  “Debtors”)1, nor does Garnishee at the time of filing its answer nor has Garnishee during

                  any   time   in between      the  service   of  the  writ  and   this  answer,     nor  does    Garnishee     have

                  any   tangible    or  intangible    property    of  the   foregoing     Debtors     in his  possession       during

                  said time periods.




                  1
                    Garnishee    does  own   membership     interests  in Niloy &  Rohan,   LL  and   Nilhan  Financial,  LLC  (to the
                  extent not owned by its bankruptcy trustee).

                                                                      Page 2 of 4
                           3.       Garnishee      does    not  know    of any   other   person,    firm,  or  corporation     which

                  may    be  indebted     to said   Debtors,     or who    may    be  in the   possession      of any   property    of

                  said Debtors, or that is held in trust for said Debtors.2

                           4.       The undersigned, a member of the Florida bar and attorney for Garnishee

                  Moffa & Breuer, PLLC, has prepared this Answer to the Writ and Garnishee has agreed

                  to  expend    an   attorney    fee  in obtaining representation          to respond     to  the Writ.    Pursuant

                  to  §  77.28,    Fla.  Stat.,   Garnishee      demands       that  Plaintiff’s  counsel     pay   and    remit   the

                  $100.00     attorney     fee  directly   to  Moffa    &  Breuer,     PLLC,     or  alternatively,    if funds    are

                  already on deposit with the Clerk of Court, the Garnishee demands that the Clerk award

                  and    pay    the   $100.00      garnishment        fee   to   Moffa    &    Breuer,     PLLC,     attorneys     for

                  Garnishee.

                  Dated this 15th day of December, 2017.

                                                                        /s/ Stephen C. Breuer
                                                                        Stephen C. Breuer, Esq.
                                                                        FBN 99709
                                                                        Moffa & Breuer, PLLC
                                                                        Attorneys for Garnishee
                                                                        1776 N. Pine Island Road, #102
                                                                        Plantation, FL      33322-5223
                                                                        Telephone No.: 954-634-4733
                                                                        Fax No.: 954-337-0637
                                                                        Primary Email: allusers@moffa.law
                                                                        Secondary Email:         Stephen@moffa.law

                                                         CERTIFICATE OF SERVICE

                           I HEREBY        CERTIFY        that  a  true   and   correct    copy   of  the   foregoing     has   been
                  furnished     by   via  electronic    mail   through     the   Court’s    eFiling   system     this   15th  day    of
                  December, 2017.
                                                                        /s/ Stephen C. Breuer

                  2
                    Garnishee indirectly owns stock in Niloy, Inc. through a trust.

                                                                      Page 3 of 4
                                                                        Stephen C. Breuer, Esq.
                                                                        FBN 99709
                                                                        Moffa & Breuer, PLLC
                                                                        Attorneys for Garnishee
                                                                        1776 N. Pine Island Road, #102
                                                                        Plantation, FL      33322-5223
                                                                        Telephone No.: 954-634-4733
                                                                        Fax No.: 954-337-0637
                                                                        Primary Email: allusers@moffa.law
                                                                        Secondary Email:         Stephen@moffa.law




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