United States District Court, E.D. Virginia, Norfolk Division
EASTERN REGIONAL MEDICAL CENTER, INC., et al., Plaintiffs/Judgment Creditors,
ANTHONY JONES, Judgment Debtor, and RAMADA VIRGINIA BEACH OCEANFRONT, Garnishee.
MAGISTRATE JUDGE'S REPORT AND
DOUGLAS E. MILLER, Magistrate Judge.
matter was before the court on post-judgment garnishment
proceedings filed by the plaintiffs, Eastern Regional Medical
Center, Inc. and Cancer Treatment Centers of America
Professional Corporation of Pennsylvania, P.C. (collectively
"Eastern Regional"). Eastern Regional received
judgment in this court against the defendant, Anthony Jones
("Jones"), in the amount of $1, 030, 719.13, along
with post-judgment interest from the date of the judgment
which was June 17, 2014.
after receiving judgment, Eastern Regional initiated
garnishment proceedings against Jones as the judgment debtor,
and Professional Hospitality Resources, Inc. as Garnishee.
(ECF No. 20-21). The garnishee filed an answer and on March
30, 2016, the undersigned conducted a hearing at which
Eastern Regional was represented by counsel. Defendant Jones,
also appeared in person. During the hearing, Jones
acknowledged entry of the judgment. Although The Garnishee
had answered, it had not yet withheld any wages. For his
part, Jones acknowledged that he still worked for the
Garnishee. Counsel for Eastern Regional advised that he was
communicating with counsel for the garnishee and would
prepare an Agreed Order of Garnishment. The parties also
discussed consenting to magistrate judge jurisdiction so that
the undersigned could enter the Agreed Garnishment Order.
the parties submitted an Agreed Garnishment Order, as well as
a Consent to Proceed Before a United States Magistrate Judge
signed by both Eastern Regional and the Garnishee. Although
Jones had earlier indicated that he would consent to
magistrate judge jurisdiction, he did not file or return a
it appearing to the undersigned that Eastern Regional
properly served a Garnishment Summons on the Garnishee and
Jones, as indicated by the Garnishee's answer (ECF No.
21), and Jones' personal appearance at the hearing before
the undersigned on March 30, 2016 (ECF No. 22). No party has
disputed or otherwise objected to the terms of the
Garnishment and Eastern Regional and the Garnishee have
submitted an Agreed Order of Garnishment as indicated by the
status report filed April 28, 2016. The undersigned
RECOMMENDS that the court enter the Order of Garnishment
included with the status report (ECF No. 25-1) and attached
to this Report and Recommendation as Exhibit A.
of this Report and Recommendation, the parties are notified
that pursuant to 28 U.S.C. Â§ 636(b)(1)(C):
party may serve upon the other party and file with the Clerk
written objections to the foregoing findings and
recommendations within fourteen (14) days from the date of
mailing of this Report to the objecting party, 28 U.S.C. Â§
636(b)(1)(C), computed pursuant to Rule 6(a) of the Federal
Rules of Civil Procedure. A party may respond to another
party's objections within fourteen (14) days after being
served with a copy thereof.
district judge shall make a de novo determination of those
portions of this report or specified findings or
recommendations to which objection is made.
parties are further notified that failure to file timely
objections to the findings and recommendations set forth
above will result in waiver of right to appeal from a
judgment of this Court based on such findings and
recommendations. Thomas v. Arn, 474 U.S. 140 (1985);
Carr v. Hutto, 737 F.2d 433 (4th Cir. 1984);
United States v. Schronce, 727 F.2d 91 (4th Cir.
Clerk is DIRECTED to mail a copy of this Report and
Recommendation, along with the attached Exhibit A, to
Defendant, Anthony Jones, at the address provided in the
Certificate of Service.
of the foregoing was ...