Corpus: 543,223 opinions · 3,177 judges · newest 2026-06-23 · expanding Coverage ↗
Opinion

govinfo:USCOURTS-flsd-0_25-mc-60957-1

U.S. District Court for the Southern District of Florida · 2026-05-07

· GavelSight synced 2026-09-06 03:52:15

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
2 
 
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

Passage view · GavelSight