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The Cadel Company v. Janet Chipman
State: Maryland
Court: Maryland District Court
Case Date: 02/21/2008
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * THE CADLE COMPANY * * Plaintiff * * v. * Case No.: JFM- 07-00108 * JANET CHIPMAN * * Defendant * ***** MEMORANDUM This case is before the Court on a motion for judgment and dismissal of the Writs of Execution for Property Garnishments by the Cadle Company ("Cadle") filed by the four garnishees, Buffy Cafritz ("Buffy"), William Cafritz ("William"), Buffy Cafritz Trust ("Buffy Trust"), and William Cafritz Trust ("William Trust"). For the reasons that follow, garnishees' motions to dismiss will be granted. The judgment underlying this garnishment action is a United States District Court for the Southern District of New York ruling in favor of the Federal Deposit Insurance Corporation, with Cadle as its assignee, against several defendants, including Janet Chipman ("Chipman"), in the amount of $356,453.58. (See Docket No. 1.) Under Federal Rule of Civil Procedure 69(a), the procedure for executions of a judgment, such as a writ of garnishment, "shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought . . ." As such, Maryland law
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