United States District Court, N.D. Mississippi, Oxford Division
M. BROWN UNITED STATES DISTRICT JUDGE
the Court is PNC Bank, National Association's
“Renewed Motion for Charging Order.” Doc. #6.
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.
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.
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.
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.
renewed motion, PNC Bank asks this Court to charge the amount
of $4, 015, 340.07 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,
Doc. #2 at 1-2.
[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 ...