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PNC Bank, N. A. v. Walnut Grove Office Gardens, LLC

United States District Court, N.D. Mississippi, Oxford Division

May 2, 2019

PNC BANK, NATIONAL ASSOCIATION PLAINTIFF
v.
WALNUT GROVE OFFICE GARDENS, LLC, et al. DEFENDANTS

          ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         Before the Court is PNC Bank, National Association's “Renewed Motion for Charging Order.” Doc. #6.

         I

         Procedural History

         On March 19, 2013, PNC Bank, National Association, filed a complaint in the United States District Court for the Western District of Tennessee against Walnut Grove Office Gardens, LLC; 2900 Kirby Parkway, LLC; Willow Grove, LLC; and Walter D. Wills, III. PNC Bank, Nat'l Assoc. v. Walnut Grove Office Gardens LLC, No. 2:13-cv-2174, at Doc. #1 (W.D. Tenn. Mar. 9, 2013) (“PNC Bank I”). The complaint alleged claims for breach of contract based on allegations that the three corporate defendants took out commercial loans from PNC Bank, that each of the loans were guaranteed by Wills, and that the defendants defaulted on the loans. The complaint sought recovery of the amounts due under the loans and appointment of a receiver.

         On August 22, 2013, United States District Judge John T. Fowlkes, Jr. granted PNC Bank's request for a receiver. PNC Bank I at Doc. #22. On September 29, 2014, Judge Fowlkes issued an order granting summary judgment in PNC Bank's favor on the breach of contract claims. Id. at Doc. #45 at 7. The order found liability against (1) Walnut Grove and Wills in the amount of $1, 601, 087.81; (2) Willow Grove and Wills in the amount of $3, 878, 179.23; and (3) 2900 Kirby Parkway and Wills in the amount of $1, 914, 521.05. Id. The Court also granted attorneys' fees and expenses against all the defendants in the amount of $137, 160.84. Id.

         On September 28, 2017, Judge Fowlkes terminated the receivership and entered judgment (“Original Judgment”) in PNC Bank's favor. PNC Bank I at Docs. #76, #77. The judgment stated, “this action is dismissed with prejudice in accordance with the Order Terminating Receivership ….” Id. at Doc. #77. Approximately one week later, on October 4, 2017, Judge Fowlkes entered an amended judgment (“Amended Judgment”) which states, “this action is dismissed with prejudice in accordance with the Order Granting Plaintiff's Motion for Summary Judgment … as well as the Order Terminating Receivership.” Id. at Doc. #78.

         On November 2, 2017, PNC Bank registered the Amended Judgment in the United States District Court for the Northern District of Mississippi. Doc. #1. Approximately seven months later, on May 29, 2018, PNC Bank filed a “Motion for Charging Order.” Doc. #2. This Court, noting that the Amended Judgment was not final at the time of registration, denied the motion for a charging order without prejudice. Doc. #4. PNC Bank re-registered the Amended Judgment on January 14, 2019. Doc. #5. Eight days later, on January 22, 2019, PNC Bank filed a renewed motion for a charging order. Doc. #6.

         II

         Analysis

         In its renewed motion, PNC Bank asks this Court to charge the amount of $4, 015, 340.07[1] against Wills' interests in four Mississippi entities: (1) AG Pipeline, LP d/b/a Arlington Energy Partners 1993, LP; (2) Kirby-Willis Plantation, LP; (3) KWP Sayle, LLC; and (4) KWP Utility Company, LLC.[2] Doc. #2 at 1-2.

         A. Standard

         Once obtained,

[a] money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution--and in proceedings supplementary to and in aid of judgment or execution--must accord with the procedure of the state where the court is ...

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