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Pedersen v. Dreams Come True Aviation, LLC

United States District Court, S.D. Ohio, Eastern Division

December 2, 2019

JOHN PEDERSEN, Plaintiff,
v.
DREAMS COME TRUE AVIATION, LLC, Defendant, and EVEKTOR-AEROTECHNIK, A.S., Defendant.

          ELIZABETH P. DEAVERS MAGISTRATE JUDGE

          ORDER

          EDMUND A. SARGUS, JR. UNITEDSTATES DISTRICT JUDGE.

         This matter arises from Plaintiff John Pedersen's ("Plaintiff) Motion for Preliminary Injunction against Defendant Evektor-Aerotechnik, a.s. ("Evektor"). (ECF No. 34-35). Because Evektor is in default, this Court found no reason to hold a hearing for Plaintiffs Motion for Preliminary Injunction. (ECF No. 42). Plaintiff subsequently filed a Motion for Default Judgment against Evektor, and Plaintiff also filed supplemental materials requesting that this Court enforce his Motion for Preliminary Injunction. (ECF No. 43 & 44).

         For the reasons that follow, this Court GRANTS in part Plaintiffs Motion for Default Judgment. (ECF No. 44). And Plaintiffs Motion for Preliminary Injunction is DENIED as moot. (ECF No. 34 & 35).[1]

         I.

         Plaintiff sought judgment against Evektor in the Eighteenth Judicial Circuit Court in Brevard County, Florida, [2] and on July 15, 2013, Plaintiff was awarded a judgment against Evektor in the amount of $3, 715, 296.90 as well as 6% per year in post judgment interest. (ECF No. 22 at ¶ 7, see also ECF No. 1, PL's Ex. 1). Evektor, a company based out of the Czech Republic, has failed to satisfy any portion of the judgment. (ECF No. 22 at ¶ 8).

         Consequently, Plaintiff filed a Complaint before this Court against Defendant Dreams Come True Aviation, LLC ("Defendant DCT"). (See generally ECF No. 1). Defendant DCT is "Evektor's North American Parts Dealer and Midwest USA Aircraft Sales Representative," as well as "Evektor Technical Support for Light Sport maintenance facilities across the United States and Canada." (Id. at ¶ 10). Plaintiff filed suit against Defendant DCT because Evektor allegedly does not have sufficient property in the United States to satisfy the state court judgment. (Id. at ¶ 8). In other words, Plaintiff believes Defendant DCT is in possession of assets owed to Evektor.

         Plaintiff's Complaint contained one claim for a creditor's bill under Ohio Revised Code § 2333.01 against Defendant DCT which was an attempt to collect Evektor assets that may be in Defendant DCT's possession. (Id. at ¶ 5-12). Defendant DCT then filed a Motion to Dismiss for Failure to Join an Indispensable Party-Evektor. (ECF. No. 9). This Court issued an Order denying the Motion to Dismiss and ordering that Plaintiff serve Evektor within 30 days. (ECF No. 19).

         Plaintiff subsequently filed his Amended Complaint which added Evektor as a defendant. (ECF No. 22). In the Amended Complaint, Plaintiff again sought a creditor's bill under Ohio Revised Code § 2333.01 against Defendant DCT for funds owed or about to be owed to Evektor. (Id. at ¶ 6-11). Because of the relationship between Evektor and Defendant DCT, Plaintiff avers that Defendant DCT owes funds to Evektor and potentially to other entities controlled by Evektor for work performed on Evektor's behalf. (Id.). However, Plaintiff does not know the exact amount Defendant DCT owes to Evektor or any other entity controlled by Evektor. (Id. at ¶ 12).

         Plaintiff, nevertheless, requests the following relief in his Amended Complaint:

1. A judgment ordering that Defendant Dreams Come True (DCT) Aviation, LLC be enjoined from paying or delivering to the Judgment Debtor Evektor-Aerotechnik a.s., and any sole proprietorship, partnership, or corporate entity controlled by the Judgment Debtor, any monies, goods, effects, assets, interest and/or properties due and owing to them, until such time as Judgment Creditors' Judgment and court costs accrued are paid in full.
2. A judgment ordering that that [sic] Defendant Dreams Come True (DCT) Aviation, LLC deliver and pay any funds it owes the Judgment Debtor Evektor-Aerotechnik a.s., and any sole proprietorship, partnership, or corporate entity controlled by the Judgment Debtor, any monies, goods, effects, assets, interest and/or properties due and owing to them be paid to the Plaintiff, until such time as Judgment Creditors' Judgment and court costs accrued are paid in full.
3. A judgment ordering that Evektor-Aerotechnik a.s pay the Florida award to the plaintiff in full together with the Florida state mandated interest.
4. An Order enjoining the Judgment Debtor Evektor-Aerotechnik a.s., from exporting any aircraft, parts or supplies to the United States of American [sic] until Plaintiff John ...

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