The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 19-cv-60607-BLOOM/Reid
BENJAMIN SANDERS,
Plaintiff,
v.
DOCTOR PIERSON,
Defendant.
________________________/
ORDER ON MOTION TO STRIKE WRIT OF EXECUTION AND
ISSUE NEW WRIT OF EXECUTION
THIS CAUSE is before the Court upon pro se Plaintiff Benjamin Sanders’ (“Plaintiff” or
“Sanders”) Motion to Strike Writ of Ex[e]cution and Issue New Writ of Ex[e]cution, ECF No. [38]
(“Motion”). The Court has carefully considered the Motion, the record in this case and the
applicable law, and is otherwise fully advised.
Plaintiff initiated this action on March 7, 2019, asserting a claim for deliberate indifference
to a serious medical need against a “Dr. Pierson” pursuant to 42 U.S.C. § 1983. See ECF No. [1]
(“Complaint”). Following the issuance of a summons directed to Dr. Pierson at the Broward
County Sheriff’s Office, ECF No. [11], service of process was executed upon Dr. Pierson at an
address in Pompano Beach, Florida. See ECF No. [13]. Thereafter, Dr. Pierson failed to appear or
otherwise respond to the Complaint.. As a result, the Clerk of Court entered a default against Dr.
Pierson on July 9, 2019. ECF No. [16]. The Court then directed Plaintiff to file a notice with an
affidavit and relevant exhibits setting forth the amount of damages he seeks. ECF No. [17].
Plaintiff complied, and the Court set a hearing on damages. See ECF Nos. [19], [21], [23]. Dr.
Pierson did not move to set aside the default nor did he appear at the hearing.
Following the hearing, the Court entered a Final Default Judgment, ECF No. [26], in favor
of Plaintiff and against Dr. Pierson, awarding Plaintiff $14,000.00 in damages. Thereafter, Plaintiff
requested and obtained the issuance of a writ of execution as to Dr. Pierson. See ECF No. [36]
(“Writ”). In the present Motion, Plaintiff asserts that he has discovered that Dr. Pierson’s real name
is Glenn Anthony Pearson, and that he has located a home address for Dr. Pearson. As a result,
Plaintiff requests that the Court strike the previously issued Writ, and issue a new proposed writ
as to Dr. Pearson.
Upon review, the Court may not grant the relief Plaintiff is seeking in full because
throughout the pendency of this case, Plaintiff has always identified the Defendant as simply Dr.
Pierson, and he obtained a default (and default judgment) only against this individual. “Where the
owner of the asset being garnished is the judgment debtor, ‘notice upon commencement of a suit
is adequate to give a judgment debtor advance warning of later proceedings undertaken to satisfy
a judgment.’” Stansell v. Revolutionary Armed Forces of Colombia, 771 F.3d 713, 726 (11th Cir.
2014 (quoting Brown v. Liberty Loan Corp. of Duval, 539 F.2d 1355, 1364 (5th Cir. 1976)). “That
same type of notice is not sufficient where the claimant is a third party, who cannot be expected to
be on notice of the judgment.” Id. at 727. As a result, the Court cannot now re-issue a writ of
execution against an individual who was not properly named, served, or defaulted based upon
Plaintiff’s representation that he has now learned Defendant’s true name. Plaintiff has provided
the Court with no authority to indicate otherwise. Rather, in order to obtain a new writ of execution,
Plaintiff must demonstrate that Dr. Glenn Anthony Pearson is the “Dr. Pierson” who was served
with process, and against whom Plaintiff obtained a default and default judgment.
Accordingly, it is ORDERED AND ADJUDGED that the Motion , ECF No. [38], is
GRANTED IN PART, and the previously issued Writ, ECF No. [36], is QUASHED.
Case No. 19-cv-60607-BLOOM/Reid
DONE AND ORDERED in Chambers at Miami, Florida, on April 9, 2020.
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Benjamin Sanders, pro se
L71796
Tomoka Correctional Institution
Inmate Mail/Parcels
3950 Tiger Bay Road
Daytona Beach, FL 32124
Doctor Pierson
Broward County Sheriff’s Office
555 SE Ist Ave
Fort Lauderdale, FL 33301
Doctor Pierson
2421 NW 16th Street
Pompano Beach, FL 33069