Ribbens International, S.A. De C v. v. Transport International Pool, Inc.

PROCEEDINGS: ORDER DENYING DEFENDANT TRANSPORT INTERNATIONAL POOL, INC.’S EX PARTE APPLICATION FOR ORDER QUASHING SERVICE OF NOTICE OF LEVY, MEMORANDUM OF GARNISHEE, AND WRIT OF EXECUTION ON BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY.

The Court, the Honorable Robert J. Timlin, has read and considered defendant/counterclaimant Transport International Pool, Inc. (TIP)’s ex parte application to quash service of notice of levy, memorandum of garnishee, and writ of execution (application), plaintiff Ribbens International, S.A de C.V. (Ribbens International)’s opposition thereto, and TIP’s reply. The application will be denied.

On October 30, 1998, a jury in this Court found defendant Transport International Pool, Inc. (TIP) hable for breach of contract to plaintiff Ribbens International, S.A. de C.V. (Ribbens International) and awarded Ribbens International net damages of $351,000. On January 12, 1999, the Court entered judgment against TIP in the amount of $477,888.22, which figure includes prejudgment interest.

On March 5, 1999, Ribbens International served a notice of levy, writ of execution and a memorandum of garnishee on third party Burlington Northern and Santa Fe…