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govinfo:USCOURTS-flsd-0_25-mc-60957-1
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 0:25-mc-60957-LEIBOWITZ/AUGUSTIN-BIRCH
NORTHPOINT COMMERCIAL
FINANCE, LLC,
Plaintiff,
v.
TIME OUT COMMUNITIES, LLC,
et al.,
Defendants.
__________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report and Recommendation on Plaintiff’s
Motion for Continuing Writ of Garnishment against Salary, Wages, and Directors’ Fees [ECF No. 34]
(the “R&R”), filed on April 15, 2026, recommending that Plaintiff’s Motion [ECF No. 27] (“the
Motion”) be GRANTED. [ECF No. 34 at 1–2]. The undersigned previously referred the Motion to
U.S. Magistrate Judge Augustin -Birch for a report and recommendation, consistent with 28 U.S.C.
§ 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of the Local Magistrate Judge Rules.
[ECF No. 29]. No objections to the R&R were filed during the 14-day objection period. Thus, having
reviewed the Motion, the record, the Report and Recommendation, the governing law and finding no
error, it is hereby ORDERED AND ADJUDGED that:
1. The Magistrate Judge’s Report and Recommendation [ECF No. 34] is AFFIRMED
and ADOPTED and fully incorporated herein.
2. Plaintiff’s Motion for Continuing Writ of Garnishment against Salary, Wages, and
Director’s Fees as to Garnishee [ECF No. 27] is GRANTED.
3. The Clerk is directed to issue the continuing writ of garnishment attached to the
Motion [ECF No. 27 -1]. Plaintiff must mail the writ of garnishment, the notice to
defendant, and a copy of its Motion to Defendant Bender and file a certificate of
service. Fla. Stat. § 77.041(2).
Case 0:25-mc-60957-DSL Document 36 Entered on FLSD Docket 05/07/2026 Page 1 of 2
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DONE AND ORDERED in the Southern District of Florida on May 6, 2026.
cc: counsel of record
Case 0:25-mc-60957-DSL Document 36 Entered on FLSD Docket 05/07/2026 Page 2 of 2