Rodriguez Licea et al v. Curacao Drydock Co - Scientology Garnishment Creditor Replies

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-22128-CV-KING/MCALILEY

ALBERTO JUSTO RODRIGUEZ LICEA,

FERNANDO ALONSO HERNANDEZ, AND

LUIS ALBERTO CASANOVA TOLEDO,

Plaintiffs/Judgment Creditors,

vs.

CURAÇAO DRYDOCK COMPANY, INC., A/K/A

CURAÇAOSE DOKMAATSCHAPPIJ NV, A/K/A

CDMNV,

Defendant/Judgment Debtor.

_____________________________________/

JUDGMENT CREDITORS’ REPLY TO

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.’S

AMENDED ANSWER TO WRIT OF GARNISHMENT.

Judgment Creditors reply to Garnishee Church of Scientology Flag Service Organization,

Inc.’s Amended Answer to Writ of Garnishment Served October 31, 2013.

Judgment Creditors controvert the answer of the garnishee, Church of Scientology Flag

Service Organization, Inc. (“Garnishee”) filed in response to the Writ of Garnishment. Judgment

Creditors have good reason to believe and do believe that Garnishee’s Amended Answer (the

“Amended Answer”) is incorrect in the following particulars:

1. Contrary to the Amended Answer, Garnishee was indebted to Petitioner/Judgment

Debtor, Curacao Drydock Company, a/k/a Curacaose Dokmaatshcappij NV, a/k/a CDMNV (the

“Drydock”) as of the time of Garnishee's Answer on October 29, 2013 (the “Answer”), or the

Amended Answer on October 31, 2013, or at times since issuance on October 7, 2013 and

Case 1:06-cv-22128-JLK Document 408 Entered on FLSD Docket 11/21/2013 of 6

service of the Writ, or at times between such times and did have or still has monies of the

Drydock in its custody, possession or control, and have or may have had other tangible or

intangible personal property of the Drydock in its possession or control at the time of the

Amended Answer or at times since the service of the Writ. At the time of Garnishee's Amended

Answer, Garnishee was aware of persons or entities indebted to the Drydock, who had or may

still have property of the Drydock in its custody, possession or control.

2. Specifically, Garnishee and/or its alter ego or agent is the owner or manager of the

SMV Freewinds, a vessel that, at the time of the service of the Writ, was undergoing repairs by

the Drydock at their facility in Curacao. In its Answer, filed on October 29, 2013, Garnishee

states that “it would be logical to assume that Church of Scientology Flag Ship Service

Organization, Inc. might be indebted to the Drydock. See Answer at ¶3. On October 31, 2013,

Garnishee filed the Amended Answer, removing the reference to Church of Scientology Flag

Ship Service Organization.1 Despite Garnishee’s knowledge, Garnishee provides no explanation

regarding the ownership of the SMV Freewinds, or the monies owed to the Drydock in

connection therewith.

Similarly, Garnishee provides no explanation in its Answer or Amended Answer

regarding the relationship between it and Church of Scientology Flag Ship Service Organization,

Inc., nor the relationship between those entities and the SMV Freewinds. Instead, Garnishee

simply baldly denies having any property of the Drydock or any knowledge of any person or

entity indebted to the Drydock. See Amended Answer at ¶¶2-3.

1 It would be logical to assume that the Garnishee’s alter ego, the Church of Scientology and its related entities, including the Church of Scientology Flag Ship Service Organization, demanded that Garnishee amend its pleading.


WHEREFORE, Judgment Creditors request that the issues raised by this Reply and the

Answer of Garnishee be tried, as provided by law, and demand judgment against Garnishee in

accordance with the findings of the Court against the Judgment Debtors and against Garnishee in

order that Judgment Creditors' Final Judgments in the amount of $80,000,000, plus interest and

costs may be collected and for such other and further orders and relief as the Court may deem

just and proper; and further request that the Court allow Judgment Creditors a reasonable

opportunity to conduct discovery in aid of judgment and execution pursuant to Fed. R. Civ. P.

69(a) into the factual disputes raised in the Answer and this Reply.

Respectfully submitted,

Dated: Miami, Florida November 21, 2013 GROSSMAN ROTH, P.A.

By: /s/ Seth Miles, Esq. Seth Miles, Esq. Stuart Grossman, Esq. 2525 Ponce de Leon Blvd., Suite 1150 Coral Gables, Florida 33134

(305) 442-8666 DO CAMPO & THORNTON, P.A.

John Thornton, Esq. Orlando do Campo, Esq. 100 Southeast Second Street, Suite 2700 Miami, Florida 33131 REED SMITH LLP Jordan W. Siev, Esq.* Casey D. Laffey, Esq.* 599 Lexington Avenue New York, New York 10022 *Admitted Pro Hac Vice

Attorneys for Judgment Creditors


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 21st day of November, 2013, the undersigned

electronically executed the foregoing document with the Clerk of Court via the CM/ECF system,

and that a true and correct copy is being served this day via Notices of Electronic Filing

generated by CM/ECF, on the attached service list



(305) 442-8666


SERVICE LIST.

Michael C. Markham Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33757 Tel: (727) 461-1818 Fax: (727) 462-0385 [email protected] Guy W. Harrison, Esq. Etcheverry Harrison LLP Attorneys for The Kingdom of the Netherlands 150 S. Pine Island Road, Suite 105 Ft. Lauderdale, FL 33324 Tel.:(954) 370-1681 Fax: (954) 370-1682 [email protected] Curaçao Drydock Company, Inc. a/k/a Curaçaose Dokmaatschappij, NV a/k/a CDMNV Dokweg 1, Koningsplein P.O. Box 3012 Curaçao, Netherland Antilles


UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 06-22128-CV-KING/MCALILEY





vs.



CDMNV,


_____________________________________/

JUDGMENT CREDITORS’ REPLY TO CHURCH OF SCIENTOLOGY FLAG SHIP

SERVICE ORGANIZATION, INC.’S ANSWER TO WRIT OF GARNISHMENT.

Judgment Creditors reply to Garnishee Church of Scientology Flag Ship Service

Organization, Inc.’s Answer to Writ of Garnishment Served October 28, 2013.

Judgment Creditors controvert the answer of the garnishee, Church of Scientology Flag

Ship Service Organization, Inc. (“Garnishee”) filed in response to the Writ of Garnishment.

Judgment Creditors have good reason to believe and do believe that the answer (the “Answer”)

of the Garnishee is incorrect in the following particulars:

1. Contrary to Garnishee's Answer, Garnishee was indebted to Petitioner/Judgment


“Drydock”) as of the time of Garnishee's Answer on October 28, 2013 or at times since issuance

on October 7, 2013 and service of the Writ, or at times between such times and did have or still

has monies of the Drydock in its custody, possession or control, and have or may have had other

tangible or intangible personal property of the Drydock in its possession or control at the time of

Case 1:06-cv-22128-JLK Document 409 Entered on FLSD Docket 11/21/2013 Page 1 of 5

the Answer or at times since the service of the Writ. At the time of Garnishee's Answer,

Garnishee was aware of persons or entities indebted to the Drydock, who had or may still have

property of the Drydock in its custody, possession or control.

2. Specifically, Garnishee and/or its agent or alter ego is the manager or owner of the

SMV Freewinds, a vessel that, at the time of the service of the Writ, was undergoing repairs by

the Drydock at their facility in Curacao. Garnishee, in its Answer, acknowledges that it operates

aboard the SMV Freewinds, but asserts that the record owner of the SMV Freewinds, a

Panamanian Corporation, paid the entire amount they were obligated to pay the Drydock for

repairs to the Vessel. Garnishee does not disclose the name of the Panamanian company, what

amounts were paid, or when. See Answer at ¶3.

3. Further, by intentionally concealing and failing to disclose the name of the

Panamanian Corporation that, like Garnishee, operates in the network of alter ego corporations

of the Church of Scientology, Garnishee has intentionally hindered Judgment Creditors from

collecting on their judgment. Garnishee should be held responsible for its actions.


Answer of Garnishee be tried, as provided by law, and demand judgment against Garnishee in

accordance with the findings of the Court against the Judgment Debtors and against Garnishee in

order that Judgment Creditors' Final Judgments in the amount of $80,000,000, plus interest and

costs may be collected and for such other and further orders and relief as the Court may deem

just and proper; and further request that the Court allow Judgment Creditors a reasonable

opportunity to conduct discovery in aid of judgment and execution pursuant to Fed. R. Civ. P.

69(a) into the factual disputes raised in the Answer and this Reply, including, but not limited to,


the name of the record owner of the SMV Freewinds, the relationship between that entity and

Garnishee, the amount paid to the Drydock, and the date of such payment.









I HEREBY CERTIFY that on the 21st day of November, 2013, the undersigned



generated by CM/ECF, on the attached service list



(305) 442-8666


SERVICE LIST.

Clay M. Naughton MOORE & COMPANY, P.A. 355 Alhambra Circle, Suite 1100 Coral Gables, FL 33134 [email protected] Guy W. Harrison, Esq. Etcheverry Harrison LLP 150 S. Pine Island Road, Suite 105 Ft. Lauderdale, FL 33324 Tel.:(954) 370-1681 Fax: (954) 370-1682 [email protected] Curaçao Drydock Company, Inc. a/k/a Curaçaose Dokmaatschappij, NV a/k/a CDMNV Dokweg 1, Koningsplein P.O. Box 3012 Curaçao, Netherland Antilles








vs.



CDMNV,


_____________________________________/

JUDGMENT CREDITORS’ REPLY TO CHURCH OF SCIENTOLOGY

INTERNATIONAL’S ANSWER TO WRIT OF GARNISHMENT

Judgment Creditors reply to Garnishee Church of Scientology International’s Answer to

Writ of Garnishment Served November 12, 2013.

Plaintiffs-Judgment Creditors controvert the answer of the garnishee, Church of

Scientology International (“Garnishee”) filed in response to the Writ of Garnishment. Judgment

Creditors have good reason to believe and do believe that the answer (the “Answer”) of the

Garnishee is incorrect in the following particulars:



“Drydock”) as of the time of Garnishee's Answer on November 12, 2013 or at times since

issuance on October 22, 2013 and service of the Writ, or at times between such times and did

have or still has monies of the Drydock in its custody, possession or control, and have or may


have had other tangible or intangible personal property of the Drydock in its possession or

control at the time of the Answer or at times since the service of the Writ. At the time of

Garnishee's Answer, Garnishee was aware of persons or entities indebted to the Drydock, who

had or may still have property of the Drydock in its custody, possession or control.

2. Specifically, Garnishee and/or its alter ego is owner or the manager of the M/V

Freewinds, a vessel that, at the time of the service of the Writ, was undergoing repairs by the

Drydock at their facility in Curacao. Garnishee, in its Answer, does not acknowledge any

connection to the M/V Freewinds, and instead, baldly denies any knowledge of any person or

entity indebted to the Drydock. See Answer at ¶3.


Answer of Garnishee be tried, as provided by law, and demand judgment against Garnishee,

International Shipping Partners, Inc., in accordance with the findings of the Court against the

Judgment Debtors and against Garnishee in order that Judgment Creditors' Final Judgments in

the amount of $80,000,000, plus interest and costs may be collected and for such other and

further orders and relief as the Court may deem just and proper; and further request that the

Court allow Judgment Creditors a reasonable opportunity to conduct discovery in aid of

judgment and execution pursuant to Fed. R. Civ. P. 69(a) into the factual disputes raised in the

Answer and this Reply.



Dated: Miami, Florida December 5, 2013 GROSSMAN ROTH, P.A.







I HEREBY CERTIFY that on the 5th day of December, 2013, the undersigned



generated by CM/ECF, on counsel for all parties.



(305) 442-8666








vs.



CDMNV,


_____________________________________/

JUDGMENT CREDITORS’ REPLY CHURCH OF SCIENTOLOGY OF

FLORIDA, INC.’S ANSWER TO WRIT OF GARNISHMENT

Judgment Creditors reply to Garnishee Church of Scientology of Florida, Inc.’s Answer

to Writ of Garnishment Served November 12, 2013.

Plaintiffs-Judgment Creditors controvert the answer of the garnishee, Church of

Scientology of Florida, Inc. (“Garnishee”) filed in response to the Writ of Garnishment.

Judgment Creditors have good reason to believe and do believe that the answer (the “Answer”)

of the Garnishee is incorrect in the following particulars:



“Drydock”) as of the time of Garnishee's Answer on November 12, 2013 or at times since

issuance on October 22, 2013 and service of the Writ, or at times between such times and did

have or still has monies of the Drydock in its custody, possession or control, and have or may


have had other tangible or intangible personal property of the Drydock in its possession or

control at the time of the Answer or at times since the service of the Writ. At the time of

Garnishee's Answer, Garnishee was aware of persons or entities indebted to the Drydock, who

had or may still have property of the Drydock in its custody, possession or control.

2. Specifically, Garnishee and/or its alter ego is owner or the manager of the M/V

Freewinds, a vessel that, at the time of the service of the Writ, was undergoing repairs by the

Drydock at their facility in Curacao. Garnishee, in its Answer, does not acknowledge any

connection to the M/V Freewinds, and instead, baldly denies any knowledge of any person or

entity indebted to the Drydock. See Answer at ¶3.


Answer of Garnishee be tried, as provided by law, and demand judgment against Garnishee,

International Shipping Partners, Inc., in accordance with the findings of the Court against the

Judgment Debtors and against Garnishee in order that Judgment Creditors' Final Judgments in

the amount of $80,000,000, plus interest and costs may be collected and for such other and

further orders and relief as the Court may deem just and proper; and further request that the

Court allow Judgment Creditors a reasonable opportunity to conduct discovery in aid of

judgment and execution pursuant to Fed. R. Civ. P. 69(a) into the factual disputes raised in the

Answer and this Reply.



I HEREBY CERTIFY that on the 5th day of December, 2013, the undersigned



generated by CM/ECF, on counsel for all parties.



(305) 442-8666


Rodriguez Licea et al v. Curacao Drydock Co - Scientology Garnishment Creditor Replies

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