Case 1:13-cv-00434-KD-N Document 228 Filed 09/18/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC., Plaintiff, v. THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:13-cv-00434-KD-N APPLICATION FOR WRIT OF EXECUTION COMES NOW Plaintiff WM Mobile Bay Environmental Center, Inc. (“WM Mobile Bay”), pursuant to Rule 69 of the Federal Rules of Civil Procedure (and Rule 69 of the Alabama Rules of Civil Procedure), and files this Application for Writ of Execution.1 As grounds therefor, WM Mobile Bay shows as follows: 1. On February 6, 2015, this Court entered a judgment in favor of WM Mobile Bay and against Defendant City of Mobile Solid Waste Disposal Authority (“the Authority”). (See Doc. 173.) 2. This Court entered an amended judgment on November 10, 2015 (Doc. 203) and again amended its judgment on November 17, 2015 (Doc. 204). 3. The Clerk of Court issued a Certificate of Judgment in favor of WM Mobile Bay on December 15, 2015. (See Certificate of Judgment, attached hereto as Exhibit A.) The 1 Federal Rule of Civil Procedure 69(a)(1) states that “the procedure on execution [of a judgment] must accord with the procedure of the state where the court is located.” Id. {04574695.1} Case 1:13-cv-00434-KD-N Document 228 Filed 09/18/18 Page 2 of 4 Certificate of Judgment indicates that the final judgment amount is $6,034,045.50, which shall bear post-judgment interest at the rate of .21% per annum from the 6th day of February, 2015, until paid in full. 4. As of August 31, 2018, WM Mobile Bay has recovered $725,405.27 in partial satisfaction of the judgment through set-off of the royalty payments otherwise due and owing to the Authority pursuant to Section 6.2 of the Solid Waste Management Contract, dated October 6, 1993. Accordingly, the unsatisfied balance of the judgment as of July 31, 2018 is $5,308,640.23, plus interest, which is currently due and owing to WM Mobile Bay. 5. WM Mobile Bay recorded the Certificate of Judgment in the Probate Court of Mobile County, Alabama, on December 16, 2015. (See id. at p. 2 (stamp by Probate Judge Don Davis).) 6. After appeal by the Authority, the United States Court of Appeals for the Eleventh Circuit affirmed this Court’s judgment on December 2, 2016 (Doc. 220), with a mandate issued January 4, 2017 (Doc. 221). 7. As stated above, the Authority has not paid this judgment in full as required by law and this Court’s Order. 8. As a result, WM Mobile Bay prays this Court to enter a Writ of Execution for the sale of the real property owned by the Authority and more particularly described in the Legal Description of Real Property attached hereto as Exhibit B. With this application, we make payment of $30.00 for the cost(s) associated with the issuance of the Writ of Execution. We request that the U.S. Marshal contact J. Ben Segarra with Maynard, Cooper & Gale, P.C., at 251.206.7437 prior to executing this Writ. {04574695.1} 2 Case 1:13-cv-00434-KD-N Document 228 Filed 09/18/18 Page 3 of 4 The preferred method of return of the Writ is by electronic mail to jbetbeze@maynardcooper.com and bsegarra@maynardcooper.com, with following hard copies sent to: J. Ben Segarra, Esq. Maynard, Cooper & Gale, P.C. RSA Battle House Tower 11 North Water Street, Suite 24290 Mobile, Alabama 36602 9. The Judgment Creditor’s address is: WM Mobile Bay Environmental Center, Inc. 382 Galleria Parkway, Suite 107 Madison, Mississippi 39110 10. The Judgment Debtor’s last known address is: City of Mobile Solid Waste Disposal Authority c/o Pete Riehm, Chairman 56 St. Emanuel Street Mobile, Alabama 36602 11. A proposed Notice of Right to Claim Exemption from Execution required to be served on the Judgment Debtor by Alabama Rules of Civil Procedure 69(b) is attached hereto as Exhibit C. {04574695.1} 3 Case 1:13-cv-00434-KD-N Document 228 Filed 09/18/18 Page 4 of 4 Respectfully submitted this 18th day of September, 2018 /s/ Jaime W. Betbeze Jaime W. Betbeze (BETBJ5982) J. Ben Segarra (SEGAJ6478) RSA Battle House Tower 11 North Water Street, Suite 24290 Mobile, Alabama 36602 (t) 251.432.0001 (f) 251.432.0007 jbetbeze@maynardcooper.com bsegarra@maynardcooper.com Attorneys for Plaintiff, WM Mobile Bay Environmental Center, Inc. OF COUNSEL: MAYNARD, COOPER & GALE, P.C. CERTIFICATE OF SERVICE I hereby certify that on the 18th day of September, 2018, I electronically filed the foregoing with the Clerk of Court using the CM/ECF filing system, which will send notification of such filing to all attorneys of record, and a copy of the foregoing was sent by U.S. Mail, first class postage prepaid, and/or electronic mail, as follows: Charles L. Miller, Jr., Esq. Post Office Box 2232 Mobile, Alabama 36652 /s/ Jaime W. Betbeze {04574695.1} 4 Case Document 228-1 Filed 09/18/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC, Plaintiff, CASE NO.: V. THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, Defendant. APPLICATION FOR WRIT OF EXECUTION EXHIBIT A Case Document 228-1 Filed 09/18/18 Page 2 of 3 2615863399 1/2 Bk: LR7330 Pg:882 Document Type: COJ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY CENTER, INC., 31" Plainti?', v. CIVIL ACTION NO. 'k THE CITY OF MOBILE SOLID WASTE AUTHORITY, 1% Defendant. CERTIFICATE OF JUDGMENT 1, Charles R. Diard, Jr., Clerk of the United States District Court for the Southern District of Alabama, do hereby certify that a Judgment was entered on the 6th day of February, 2015 and amended the 17th day of November, 2015 in the above?styled cause, in favor of the plaintiff, WM Mobile Bay Environmental Center, Inc., as to Count I, in the amount of $1,369,771.00; as to Count 111, in the amount of $1,082,753.00; as to Count IV, in the amount of $558,457.00; as to Count V11, in the amount of $23,064.50, and as to Count X, in the amount of $3,000,000.00 for a total judgment of $6,034,045.50, which shall bear postnjudgment interest at the rate of 21% per annum from the 6th day of February, 2015, until paid in full. The plaintiff was represented by Jaime Betbeze and Daniel Stabler of Maynard, Cooper Gale, PC whose address is as follows: Jaime Betbeze Daniel Stabler Maynard, Cooper Gale, PC 11 North Water Street, Ste, 27000 Mobile, Alabama, 36602 Telephone number 251?432?0001 Case Document 228-1 Filed 09/18/18 Page 3 of 3 Defendant was represented by Lawrence Wettermark and James Rossler whose addresses are as follows: James Rossler P. 0. Drawer 2164 Mobile, AL 36652 Telephone: 25 1-432-2300 Lawrence Wettermark Galloway, Wettennark, Everest, Rutens Gaillard, LLP P. O. Box 16629 Mobile, AL 36616 Telephone 251-476-4493 I further certify that no part of said judgment and costs has been paid into this Court by the defendant. WITNESS my hand and the seal of the said Court, at Mobile, Alabama, this the 15th day of December, 2015. CHARLES R. DIARD, JR., CLERK Hobrle County, ?labama I hereto certif this instrument filed on 12/1 [2015 ?1:02:3d PM Don Davis, Probate Judge Deed Tax: $.98 Mortgage Tax: $.68 Mineral Tax: 5.69 No Tax $.90 2315953399 Judge Fee: $.66 Bk LRTESG S.R, Fee; 2.60 Pg:8@2 Surcharge Fee: .ee Recording Fee: $3.56 TOTRL: 5.56 Case Document 228-2 Filed 09/18/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC, Plaintiff, CASE NO.: THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, v. Defendant. APPLICATION FOR WRIT OF EXECUTION EXHIBIT Case Document 228-2 Filed 09/18/18 Page 2 of 2 Exhibit Legal Description of Real Property The legal description of the property at issue in this Application for Writ of Execution is, as recorded in Real Property Book 4154 at Page 1912 of the Real Property Records of Mobile County, Alabama: Beginning at a 6? 6? circuit court monument at the Southeast corner of Section 14, Township 1 North, Range 1 West, Mobile County, Alabama, as established for Circuit Court Case Number CB83-500162, run North 88?~49?~3? West 2,655.4 feet to a 6? 6? circuit court monument; thence North 010-16342? East 1,262.63 feet to an existing crimp?top iron pipe; thence South East 1,600.0 feet; thence North 01?~16?~42? East 959.2 feet; thence South 880?49303? East 1,047.27 feet to a point on the East line of aforesaid Section 14; thence south 010- 04?-07? West along said East line 2,221.82 feet to the point of beginning. Id. {04580957.1} Case Document 228-3 Filed 09/18/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC., Plaintiff, CASE NO.: THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, v. Defendant. APPLICATION FOR WRIT OF EXECUTION EXHIBIT Case Document 228-3 Filed 09/18/18 Page 2 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC., Plaintiff, CASE N0.: v. THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, Defendant. NOTICE OF RIGHT TO CLAIM EXEMPTION FROM EXECUTION The writ of execution delivered to you along with this Notice means that certain property belonging to you may be taken from you and sold to collect a court judgment against you. However, the law gives you the right, under certain circumstances, to claim your property as ?exempt? to keep it from being sold to collect certain kinds of court judgments. For example, you may be able to claim your ?homestead exemption? to keep your home from being sold, or at least to keep a certain portion of the money from the sale. You may also be able to keep up to $3,000.00 in personal property, including motor vehicles and household furniture and appliances, by claiming this property as exempt. These examples are for purposes of illustration only. Whether you will be entitled to claim any exemption from the writ of execution, and if so, what property may be exempt, will be determined by the facts in your particular case. IF YOU ARE UNCERTAIN AS TO YOUR EXEMPTION RIGHTS, YOU SHOULD CONSULT A LAWYER FOR ADVICE. TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A OF FORM BEFORE YOUR PROPERTY IS SOLD, LISTING ON IT THE PROPERTY UNDER LEVY OR SEIZURE, OR ANY PART THEREOF YOU CLAIM AS EXEMPT, AND, IF OF A PART, DESCRIBING THE PART IN DETAIL. YOU MUST ALSO STATE APPROXIMATELY WHAT YOU THINK EACH ITEM IS WORTH, AND HOW MUCH (IF ANYTHING) YOU STILL OWE ON EACH SUCH ITEM. YOU MUST THEN HAVE THE CLAIM OF EXEMPTION NOTARIZED AND FILE IT IN THE OFFICE. YOU MUST ALSO FILE A COPY OF THE CLAIM OF {045845843} Case Document 228-3 Filed 09/18/18 Page 3 of 3 EXEMPTION WITH THE CLERK OF THE COURT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED ASSISTANCE YOU SHOULD SEE A LAWYER. If you ?le a claim of exemption, the party who has a judgment against you will have approximately ten (10) days from receipt of a copy thereof to ?le a ?contest? of your claim of exemption. If a contest is ?led, a court hearing will be scheduled and you will be noti?ed of the time and place of the hearing. If the party who has a judgment against you does not ?le a contest, the property claimed by you as exempt will be released from the executionclaim of exemption, your property may be sold or turned over to the party who has a judgment against you to help satisfy a judgment against you. TO PROTECT YOUR RIGHTS, IT IS IMPORTANT THAT YOU ACT IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER. Clerk of the Court US. District Court for the Southern District of Alabama {04584584.1} 2 Case 1:13-cv-00434-KD-N Document 228-4 Filed 09/18/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WM MOBILE BAY ENVIRONMENTAL CENTER, INC., Plaintiff, v. THE CITY OF MOBILE SOLID WASTE DISPOSAL AUTHORITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:13-cv-00434-KD-N WRIT OF EXECUTION TO THE U.S. MARSHAL FOR THE SOUTHERN DISTRICT OF ALABAMA: On February 6, 2015, WM Mobile Bay Environmental Center, Inc. (the “Judgment Creditor”) whose address is 382 Galleria Parkway, Suite 107, Madison, Mississippi, 39110, obtained a judgment (the “Judgment”) against the defendant The City of Mobile Solid Waste Disposal Authority (the “Judgment Debtor”) whose last known address is 56 St. Emanuel Street, Mobile, Alabama, 36602. The Judgment was rendered by the United States District Court for the Southern District of Alabama in the amount of $6,034,045.50, which has been reduced through credits in the amount of $725,405.27, making the total owed by the Judgment Debtor to the Judgment Creditor $5,308,640.23, plus costs of collection and fees (the “Total Due”). YOU ARE ORDERED TO SEIZE THE PROPERTY DESCRIBED BELOW AND SELL IT TO APPLY TO THE TOTAL DUE: Beginning at a 6” x 6” circuit court monument at the Southeast corner of Section 14, Township 1 North, Range 1 West, Mobile County, Alabama, as established for Circuit Court Case Number CB83-500162, run North 88°-49’-3” West 2,655.4 feet to a 6” x 6” circuit court monument; thence North 01°-16’-42” East 1,262.63 feet to an existing crimp-top iron pipe; thence South 88°-49’-03” East 1,600.0 feet; thence North 01°-16’-42” East 959.2 feet; thence South 88°-49’-03” East 1,047.27 feet to a point on the East line of aforesaid Section 14; thence south 01°04’-07” West along said East line 2,221.82 feet to the point of beginning. YOU ARE TO MAKE RETURN OF THIS EXECUTION AND EXPLAIN BELOW HOW YOU PERFORMED THE SPECIFIED ACTION. {04584566.1} Case 1:13-cv-00434-KD-N Document 228-4 Filed 09/18/18 Page 2 of 2 Date Issued:____________________ _________________________ By: ______ U.S. District Court Clerk _____________________________________________________________________________ Exception Date: _____________________ Remarks: __________________________ __________________________________ __________________________________ U.S. Marshal {04584566.1} _____________________________ By: Deputy Marshal 2