Rodriguez et al v. Curaçao Drydock Company, Scientology answer

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 06-22128-CV-KING/MCALILEY

ALBERTO JUSTO RODRIGUEZ LICEA,

FERNANDO ALONSO HERNANDEZ, AND

LUIS ALBERTO CASANOVA TOLEDO,

Plaintiffs/Judgment Creditors,

vs.

CURACAO DRYDOCK COMPANY, INC., A/K/A

CURACAOSE DOKMAATSCHAPPIJ NV, A/K/A

CDMNV,

Defendant/Judgment Debtor.

__________________________________________/

ANSWER OF GARNISHEE

COMES NOW, Garnishee, Church of Scientology Flag Ship Service Organization, Inc.,

(“FSSO”), by and through undersigned counsel, and hereby files its Answer to Writ of

Garnishment [DE 362], served by Plaintiffs/Judgment Creditors, Alberto Justo Rodriguez Licea,

Fernando Alonso Hernandez, and Luis Alberto Casanova Toledo (“Judgment Creditors”), and

states:

1. At the time of service of the Writ of Garnishment and at all times subsequent to

such service, up to and including the time of filing this Answer, Garnishee, FSSO, was not and is

not indebted to Defendant/Judgment Debtor, Curacao Drydock Company, Inc., a/k/a Curacaose

Dokmaatschappij NV, a/k/a CDMNV.

2. At the time of service of the Writ of Garnishment and at all times subsequent to

such service, up to and including the time of filing this Answer, Garnishee, FSSO, does not have

in its possession or control any property, tangible or intangible, payable to or otherwise for the

Case 1:06-cv-22128-JLK Document 390 Entered on FLSD Docket 10/28/2013 Page 1 of 3


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benefit of Defendant/Judgment Debtor, Curacao Drydock Company, Inc., a/k/a Curacaose

Dokmaatschappij NV, a/k/a CDMNV, nor does it have any reason to expect that it will come into

possession or control of any such property.

3. Garnishee, FSSO, operates aboard the Vessel SMV FREEWINDS and was

therefore made aware that the record owner of the SMV FREEWINDS, a Panamanian

Corporation, was indebted to and has paid the entire amount they were obligated to pay

Defendant/Judgment Debtor, Curacao Drydock Company, Inc., a/k/a Curacaose

Dokmaatschappij NV, a/k/a CDMNV, for recent repairs to the Vessel. Garnishee, FSSO, is not

aware of any other person indebted to the Defendant/Judgment Debtor, or who may be in

possession or control of any of the property of the Defendant/Judgment Debtor.

4. Having fully answered the Writ of Garnishment [DE 362] served upon Garnishee,

FSSO requests that it be allowed reasonable attorney’s fees and costs as provided by applicable

law resulting from its participation in this law suit and demands payment of any amounts

deposited with the Court for the payment or part payment of Garnishee’s attorney’s fees

expended to respond to the writ.

WHEREFORE Garnishee, Church of Scientology Flagship Service Organization, Inc.,

requests that this Honorable Court enter an Order vacating Plaintiffs/Judgment Creditors, Alberto

Justo Rodriguez Licea, Fernando Alonso Hernandez, and Luis Alberto Casanova Toledo’s Writ

of Garnishment [DE 362], awarding attorney’s fees and costs as referenced above to Church of

Scientology Flagship Service Organization, Inc., and for all other relief this Court deems just and

proper.

Dated: October 28, 2013 Respectfully Submitted,

MOORE & COMPANY, P.A.

Counsel for Garnishee



Page 3 of 3

355 Alhambra Circle, Suite 1100

Coral Gables, FL 33134

Telephone: (786) 221-0600

Facsimile: (786) 221-0601

Email: [email protected]


s/ Clay M. Naughton

______________________________

Clay M. Naughton

FL Bar No. 029302

Michael T. Moore

FL Bar No. 207845

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 28, 2013, this document was electronically filed

with the Clerk of the Court using CM/ECF and is thereby being served this day on all counsel of

record identified on the following service list:

John Thornton, Esq.

Do Campo & Thornton, P.A.

Miami Tower

100 Southeast Second Street, Suite 2700

Miami, FL 33131

Telephone: (305) 358-6600

Facsimile: (305) 358-6601


Attorneys for Plaintiffs/Judgment Creditors

s/ Clay M. Naughton

_______________________________

Clay M. Naughton


mailto:[email protected]


UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 06-22128-CV-KING/MCALILEY ALBERTO JUSTO RODRIGUEZ LICEA, FERNANDO ALONSO HERNANDEZ, and LUIS ALBERTO CASANOVA TOLEDO, Plaintiffs/Judgment Creditors, v. CURAÇAO DRYDOCK COMPANY, INC., a/k/a CURAÇAOSE DOKMAATSCHAPPIJ NV, a/k/a CDMNV, Defendant/Judgment Debtor. ________________________________________/

ANSWER OF GARNISHEE, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., AND DEMAND FOR GARNISHMENT DEPOSIT

Garnishee, Church of Scientology Flag Service Organization, Inc., by and

through its undersigned counsel files this answer to the Writ of Garnishment served by

Plaintiffs/Judgment Creditors and states:

1. Garnishee is not indebted to Curaçao Drydock Company, Inc. a/k/a

Curaçaose Dokmaatschappij NV a/k/a CDMNV, at the time of this Answer. Garnishee

was also not indebted to Curaçao Drydock Company, Inc. a/k/a Curaçaose

Dokmaatschappij NV a/k/a CDMNV at the time of service of the Writ or at any time

between the time of service and the time of this Answer.

2. Garnishee has no tangible or intangible personal property of Curaçao

Drydock Company, Inc. a/k/a Curaçaose Dokmaatschappij NV a/k/a CDMNV in its

possession or control at the time of this Answer. Garnishee also had no tangible or

intangible personal property of Curaçao Drydock Company, Inc. a/k/a Curaçaose


2

Dokmaatschappij NV a/k/a CDMNV in its possession or control at the time at the time of

service of the Writ or at any time between the time of service and the time of this

Answer.

3. Garnishee knows of no other person indebted to Curaçao Drydock

Company, Inc. a/k/a Curaçaose Dokmaatschappij NV a/k/a CDMNV, or who may have

any of the property of Curaçao Drydock Company, Inc. a/k/a Curaçaose

Dokmaatschappij NV a/k/a CDMNV in his or her possession or control except that the

Motion for Writ of Garnishment states that a ship belonging to Church of Scientology

Flag Ship Service Organization, Inc., is currently in repair at the Judgment Debtors’

drydock facility. Accordingly, it would be logical to assume that Church of Scientology

Flag Ship Service Organization, Inc. might be indebted to the Judgment Debtor.

4. Garnishee has retained the undersigned law firm to file this answer and

requests that it be awarded the $100.00 statutory attorney’s fee deposit provided for

under Fla. Stat. §77.28, payable to the undersigned.


I HEREBY CERTIFY that on October 29, 2013, I electronically filed the foregoing

with the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to the following: John Thornton, Esq., Do Campo & Thornton, P.A.,

attorneys for Plaintiffs/Judgment Creditors.

/s/ Michael C. Markham Michael C. Markham FBN 768560 E-Mail:[email protected] Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33757 Telephone: (727) 461-1818 Facsimile: (727) 462-0365 Counsel for CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.

1584205



UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 06-22128-CV-KING/MCALILEY ALBERTO JUSTO RODRIGUEZ LICEA, FERNANDO ALONSO HERNANDEZ, and LUIS ALBERTO CASANOVA TOLEDO, Plaintiffs/Judgment Creditors, v. CURAÇAO DRYDOCK COMPANY, INC., a/k/a CURAÇAOSE DOKMAATSCHAPPIJ NV, a/k/a CDMNV, Defendant/Judgment Debtor. ________________________________________/

AMENDED ANSWER OF GARNISHEE, CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., AND DEMAND FOR GARNISHMENT DEPOSIT

Garnishee, Church of Scientology Flag Service Organization, Inc., by and

through its undersigned counsel files this amended answer to the Writ of Garnishment

served by Plaintiffs/Judgment Creditors and states:

1. Garnishee is not indebted to Curaçao Drydock Company, Inc. a/k/a

Curaçaose Dokmaatschappij NV a/k/a CDMNV, at the time of this Answer. Garnishee

was also not indebted to Curaçao Drydock Company, Inc. a/k/a Curaçaose

Dokmaatschappij NV a/k/a CDMNV at the time of service of the Writ or at any time

between the time of service and the time of this Answer.

2. Garnishee has no tangible or intangible personal property of Curaçao

Drydock Company, Inc. a/k/a Curaçaose Dokmaatschappij NV a/k/a CDMNV in its

possession or control at the time of this Answer. Garnishee also had no tangible or

intangible personal property of Curaçao Drydock Company, Inc. a/k/a Curaçaose


2

Dokmaatschappij NV a/k/a CDMNV in its possession or control at the time at the time of

service of the Writ or at any time between the time of service and the time of this

Answer.

3. Garnishee knows of no other person indebted to Curaçao Drydock

Company, Inc. a/k/a Curaçaose Dokmaatschappij NV a/k/a CDMNV, or who may have

any of the property of Curaçao Drydock Company, Inc. a/k/a Curaçaose

Dokmaatschappij NV a/k/a CDMNV in his or her possession or control.

4. Garnishee has retained the undersigned law firm to file this answer and

requests that it be awarded the $100.00 statutory attorney’s fee deposit provided for

under Fla. Stat. §77.28, payable to the undersigned.


I HEREBY CERTIFY that on October 31, 2013, I electronically filed the foregoing

with the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to the following: John Thornton, Esq., Do Campo & Thornton, P.A.,

attorneys for Plaintiffs/Judgment Creditors.

/s/ Michael C. Markham Michael C. Markham FBN 768560 E-Mail:[email protected] Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33757 Telephone: (727) 461-1818 Facsimile: (727) 462-0365 Counsel for CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.

1584205



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Rodriguez et al v. Curaçao Drydock Company, Scientology answer