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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * NATALIYA MIKHAYLOVNA FOX, * Plaintiffs, v. ENCOUNTERS INTERNATIONAL, INC. Defendants. * * * * * * * * * * * * * * * * * CIVIL NO.: WDQ-02-1563

MEMORANDUM OPINION On June 7, 2005 the Clerk of this Court issued a Writ of Garnishment to the Clerk of the Court of Montgomery County (the "Garnishee") in the amount of $445,579.33. Pending is the

Garnishee's Motion to Dismiss the Writ of Garnishment and the Plaintiff's objection to Magistrate Judge James K. Bredar's Report and Recommendation (the "Report") of September 30, 2005. Having reviewed the Report de novo, the Court will overrule the Plaintiff's objections, adopt the Report and grant the Garnishee's motion to dismiss.

Background Plaintiff prevailed in the underlying dispute and was awarded a judgment in the amount of $433,500.00 and attorney's fees of $6,250.00. In order to enforce the judgment the Clerk of

this Court issued a writ of garnishment seeking to levy on 1

property held in the registry of the Court of Montgomery County in the case of Spivack v. Spivack, a domestic relations action involving Natasha Spivack, a defendant and judgment creditor in this case.1 The Garnishee has moved to dismiss the Writ on the

grounds that the property is custodia legis and therefore is not subject to garnishment. Judge Bredar considered the motion and issued his Report; concluding that the funds were custodia legis. Accordingly,

Judge Bredar recommended that the motion to dismiss the Writ of Garnishment be granted. Plaintiff has objected to the Report arguing that custodia legis terminates once the court in possession of the property orders its distribution and therefore the funds held by the Court of Montgomery County could be garnished.

II. A.

Analysis Standard of Review When objections are made to a magistrate's recommendations

on dispositive matters, the reviewing "judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."

On June 7, 2005 the Circuit Court for Montgomery County entered an order providing for the disbursement of funds held in Spivack and on June 17, 2005 the funds were disbursed. The account balance of the registry is now zero. 2

1

28 U.S.C.

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