MEMORANDUM DECISION AND ORDER GRANTING RECEIVER’S MOTION FOR TURNOVER OF REAL PROPERTY
Civil No. 2:19-cv-00625
R. WAYNE KLEIN, as Receiver,
Plaintiff,
v.
GLENDA E. JOHNSON, an individual,
Defendant.
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ORDER
Dated August 5, 2021.
BY THE COURT:
David Nuffer
United States District Judge
IT IS HEREBY ORDERED that:
1. The Receiver’s Turnover Motion is GRANTED.
2. The Turnover Properties are Receivership Property.
3. Within 14 days of this Order, Glenda E. Johnson must sign documents requested by the Receiver transferring title for the Turnover Properties to the Receiver along with any water rights related to the Turnover Properties. These documents must be prepared by the Receiver and delivered to Ms. Johnson within 10 days of this Order.
4. The Receiver is authorized to immediately take possession of all Turnover Properties. This includes the power and authority to change locks and control access to the Turnover Properties. Glenda E. Johnson, Neldon Johnson, LaGrand Johnson, and Randale Johnson are specifically prohibited and enjoined from entering the premises of any of the Turnover Properties after the date of this Order without written permission from the Receiver or an order from the court. The Receiver is directed to provide notice of this Order to counsel for LaGrand Johnson and Randale Johnson and provide notice to Neldon Johnson by mail, within three (3) days of the entry of this Order.
5. The United States Marshals Service is authorized and directed to arrest or evict from the premises any persons who obstruct, attempt to obstruct, or interfere or attempt to interfere, in any way with this Order.
6. All furnishings, vehicles, equipment, tools, supplies, records, and inventory (including plastic lenses) located at or on any of the Turnover Properties as of the date of this Order must remain on the premises of the Turnover Properties. An exception is granted for items owned by unrelated third parties who are tenants of the Turnover Properties.
7. Glenda E. Johnson must ensure that any insurance on any Turnover Property that was in place on the date of this Order is not canceled or refunded. Within 14 days of the date of this Order, Glenda Johnson shall provide to the Receiver copies of all insurance policies on the Turnover Properties and information about the status of those insurance policies (including, without limitation, the expiration dates of the policies; payment information including the date, amount, and location for the next payment; and the identity of the insurance agents who service those policies).
8. Within 30 days of this Order, the Receiver must file a proposed amended complaint in this action, removing any claims or prayers for relief that duplicate relief granted to the Receiver by this Order.
9. In the event the Receiver or the United States determines that Glenda E. Johnson, Neldon Johnson, or any other person acting on her or their behalf has failed to comply with any portion of this Order or has interfered with the Receiver’s actions to take possession of the Turnover Properties, the Receiver or the United States shall file a notice of non-compliance with the court. Upon the filing of a notice of non-compliance, the court may, depending on the severity of the asserted non-compliance or its asserted consequences, issue a bench warrant for the person for incarceration until the court holds a hearing on the matter.
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Sure is a pretty day.
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