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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

JENNIFER SABOL, ET AL

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Plaintiff/ Judgment Creditor * CIVIL ACTION NO.: MJG-04-508 v. GLENN BROOKS, ET AL SYSTEMS, INC. Defendant/ Judgment Debtor * * * * * * * * * * * * * * * *

MEMORANDUM OPINION Pending before me is the motion of consolidated Judgment Creditors Jennifer Anderson (nee Sabol) and Edwin Sabol1 requesting an order directing a non-party, Synergy Mortgage Corporation ("Synergy"), to appear for an examination in aid of judgment enforcement pursuant to Rule 69 of the Federal Rules of Civil Procedure, incorporating Maryland Rule 2-633. This order resolves Paper Nos. 107, 111, 112, 113 and 114. Ms. Anderson prevailed in an action against her former employer, Access One Mortgage Group, Inc. ("Access One") and its former owner, Glenn Brooks, brought under the Fair Labor Standards Act. Ms. Anderson now seeks to enforce that judgment under Rule 69(a), which provides that, proceedings supplementary to and in aid of a judgment ... shall be in accordance with the practice and procedure of the state in which the district court is held ... except that any statue of the United States governs to the extent that it is applicable.

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The Court will hereinafter refer to Ms. Anderson on behalf of both judgment creditors.

FED. R. CIV. P. 69(a)(emphasis added). As the language of the Rule indicates, a federal court's authority to apply state law procedures when enforcing a judgment is limited by any conflicting Federal statute that may apply. For this reason, a federal court may use a hybrid of federal and state law when proceeding under Rule 69, provided there is substantial compliance with the state law. United States for the use and benefit of Global Bldg. Supply v. Harkins Builders, Inc., 45 F.3d 830, 833 (4th Cir. 1995)(citing 12 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure

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