Opinion
Civil Action 5:14-CV-00155-KDB-DCK
11-04-2022
SWAN RACING COMPANY, LLC, Plaintiffs, v. XXXTREME MOTORSPORT, LLC JOHNATHAN COHEN, Defendants.
ORDER
Kenneth D. Bell, United States District Judge
THIS MATTER is before the Court on Plaintiff's Motion for an Order of Final Execution in this matter. (Doc. No. 87). The Defendant has been served a copy of the Judgment and the Notice of Right to have exemptions designated and to set aside exempt property. (Doc. No. 86). The Defendant has failed to file a request to set aside exempt property. Furthermore, the Defendant has failed to request a hearing to set aside exempt property or otherwise respond within the time allowed. The Court therefore finds that the Defendant has had a reasonable opportunity to assert the exemptions provided by law and that the Defendant's failure to respond should be considered a waiver of his right to have property set aside as exempt from the execution of the Judgment in this case.
IT IS THEREFORE ORDERED that Defendant is precluded from having any of his property set aside as exempt from Judgment in this case and that a final execution be issued by the Clerk of this Court for the collection of the Judgment.
SO ORDERED