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Old Woodward Housing, LLC v. The Greenhouse Leasing Company, LLC

United States District Court, E.D. Michigan, Southern Division

July 7, 2017

OLD WOODWARD HOUSING, LLC and TIMOTHY HOLTON, Plaintiffs,
v.
THE GREENHOUSE LEASING CO., LLC, HYDROPONICS HOUSE, LLC, NICHOLAS DELFRANCO, THOMAS DELFRANCO, and MARTIN KARO Defendants.

          MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MARTIN KARO'S MOTION TO DISSOLVE WRITS OF GARNISHMENT, (DOC. 87)

          AVERN COHN UNITED STATES DISTRICT JUDGE.

         This is a garnishment action stemming from a business deal gone awry. The parties were partners in a failed venture to build a medical marijuana greenhouse.

         I. BACKGROUND

         On January 6, 2017, the Court entered a consent judgment against defendants, including Martin Karo, in the amount of $300, 000, (Doc. 26). Plaintiffs have received $50, 000 of that judgment and been trying to collect on the rest.

         On April 20, 2017, plaintiffs issued a “Request and Writ for Garnishment” to Wells Fargo and Bank of America for accounts of defendant Martin Karo, (Docs. 48, 56).

         Karo is a Pennsylvania resident, as is his wife and two children. He had bank accounts in Pennsylvania with Wells Fargo and Bank of America. These banks, like many, have branches in Michigan.

         On May 2, 2017, Bank of America filed a garnishee disclosure that it owed Karo $7, 306.02, (Doc. 42). On May 3, 2017, Wells Fargo filed a garnishee disclosure that it owed Karo $7, 676.01, (Doc. 83).

         II. KARO'S MOTION TO DISSOLVE WRITS OF GARNISHMENT

         On May 10, 2017, Karo filed a motion to dissolve the writs of garnishment as to Wells Fargo and Bank of America, (Doc. 87), to which plaintiffs responded, (Doc. 90). The Court held a hearing on May 11, 2017. According to the parties' representations, Karo's accounts consist of:

• a joint checking account with his wife at Wells Fargo (~$7, 000)
• two joint checking accounts with his son at Wells Fargo (~$200 each)
• a joint checking account with his daughter at Wells Fargo (~$200)
• an individual checking account at Bank of America (~$7, 000)

         Karo filed a reply, (Doc. 109), and, with the Court's leave, plaintiffs filed a surreply, (Doc. 116), to ...


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