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GULF INS. CO. v. PETER MANEYSKI CONST. INC.

April 21, 2003

GULF INS. CO.
v.
PETER MANEYSKI CONST. INC.



The opinion of the court was delivered by: Suzanne B. Conlon

ORDER

REPORT AND RECOMMENDATION

On April 18, 2002, the District Judge entered a judgment in favor of the plaintiff Gulf Insurance Co. and jointly and severally against defendants Peter Maneyski Const. Inc, Complete Home Improvements, Inc., the Porch People, Inc., Forum Construction Group, Ltd., Mieczyslaw Maneykowski a/k/a Peter Maneyski, Beata Maneykowski and Barbara Tkaczy in the amount of $180,553.28 plus interest, costs and attorneys fees. [10-1.] A citation to discover assets was issued to Golf School District No. 67 (the "District"), which responded that it is holding funds belonging to defendant Pete; Maneyski Const. Inc. The District also advised the plaintiff of various other claims against defendant Peter Maneyski Const. Inc. See Affidavit of Gary Longquist, Ex. C to Plaintiff's Motion for Turnover of Assets. [32-1.] The plaintiff entered into a waiver agreement with the District in which the District agreed to turn over to the plaintiff the net sum of $31,244 following the entry of an order directing that turn over. (Id., Ex. D.) The plaintiff then filed Plaintiff's Motion for Turnover of Assets [32-1], and that motion was referred to this court. This court ordered that any opposition to the plaintiff's motion or any request for a hearing on the plaintiff's motion must be filed by 4/7/03 [36-1.] No opposition or request for hearing was filed.

Accordingly, this court respectfully recommends that plaintiff's motion be GRANTED and Golf School District No. 67 be ordered to turn over to the plaintiff the amount of $31,244.00.*fn1 This court further recommends that the District Court enter ...


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