Brief in Support of Motion To Amend Judgment
Brief in Support of Motion To Amend Judgment
XXXXXX XXXXXXX,
Plaintiff
CIVIL ACTION
v. FILE NO: 1:05-CV-1457-CAP
WAREHOUSE SENSATIONS, INC
A Florida Corporation,
Defendant
AND/OR
proceeding pro se,1 files Plaintiff’s Brief in Support of Having the Clerk Sign
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Plaintiff’s Motion, filed contemporaneously herewith, explained to the Court that
she is no longer represented by legal counsel and MOVED the Court for
permission to proceed “in propria persona” or pro se, in this limited matter.
and Seal Subpoena Directing Cheryl A. Waller to Produce Documents and/or
Brief in Support of Amending this Court’s March 12, 2006 Ruling to Add Cheryl
collecting the Judgment, Plaintiff found that Warehouse Sensations, Inc. became
“inactive” following this Court’s Ruling in favor of Plaintiff; she also learned that
informed Plaintiff, that because the Corporation Judgment Debtor was no longer in
business under the same name, and due to circumstances surrounding the
corporations, that without showing the Court cause to add Ms. Waller as a
Plaintiff’s research suggests that in order to avoid the judgment, Ms. Waller
has continually moved around and changed the names of corporations; and
evidence gives cause to believe that Ms. Waller is the alter-ego, or that the
never have the ability to collect the Award Granted by this Honorable Court.
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Plaintiff’s plan was to subpoena documents that will show alter-ego/successor,
Fed. R. Civ. P. Rule 69(a) for the “… aid of execution the judgment creditor…may
BRIEF BACKGROUND
Plaintiff filed a civil action against Warehouse Sensations, Inc. on June 03,
2005. The causes of action consisted of violation of the Federal Fair Debt
Collection Practices Act 15 U.S.C. §§ 1692 et. seq., the Georgia Fair Business
Practices Act O.C.G.A. §§ 10-1-390 et. seq., and other laws (Doc. 1).
within ten (10) days, notify the court of the identity for the attorney who would be
representing the defendant; the Court further Ordered the parties to file a Joint
(doc. 3). Although the Plaintiff complied with the Court’s Order within ten (10)
November 29, 2005, this Court again Ordered the defendant to notify the
Court of it’s legal counsel; and directed the plaintiff to file a Brief explaining why
the defendant had not participated in the preparation of the required documents,
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and inform the Court whether or not there had been communication between
In response of this Court’s Order to Show Cause, the Plaintiff informed the
Court that she had mailed copies of the draft documents to defendant, who
December 27, 2005 this Court issued yet another Order to Show Cause and
stated that the Court had the following address for the defendant: Warehouse
Sensations, Inc., Box 11873, Jacksonville, FL 32239 (Doc. 10). The Plaintiff
communicated to the Court that she had served the complaint upon the defendant
at: 2270 Belen Drive, Deltona, FL 32738; and according to the 2004 Annual
Report on file with the state of Florida the registered agent at the time was
Legalzoom Nevada, Inc. 44 West Flagler Street, Suite 375 Miami, FL 33130.
Out of an abundance of caution, this Court directed the clerk to send the
December 27, 2005 Order to all three (3) of the defendant’s known addresses, and
allowed twenty (20) days for the defendant to respond. Additionally, the Court
directed Defendant to notify the Court of the proper address and that “Failure to
comply with this order will result in sanctions being imposed, including the
possible striking of the defendant’s answer and the entry of default against the
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After offering the defendant numerous opportunities to participate in the
case, on January 31, 2006 the Court struck the defendant’s answers and entered
default against the defendant; a hearing was held April 11, 2006 to determine
Defendant failed to appear at the April 11, 2006 hearing, either in person or
at Florida Secretary of State’s Office, September 16, 2005 is the last filing date for
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To date, Plaintiff has been denied the Award Granted by this Court.
The first filing showing with Florida Secretary of State’s Office for
Warehouse Sensations, Inc. was June 12, 2003; address: Warehouse Sensations,
Inc., 7353 Lawn Tennis Lane, Jacksonville, FL 322772; during the same time the
home address for Cheryl Waller was: 7353 Lawn Tennis Lane, Jacksonville, FL
August 31, 2004 records indicate the home address for Cheryl A Waller and
Sensations Warehouse, Inc. FEI Number: 20-0076993, changed to: 2270 Belen
2
The registered agent at that time: Lenhi Tang, Legalzoom.com, Inc., 7083
Hollywood Blvd., Suite 180, Los Angeles, CA 90028:
http://www.sunbiz.org/scripts/cordet.exe?
action=DETFIL&inq_doc_number=P03000064978&inq_came_from=NAMFWD
&cor_web_names_seq_number=0000&names_name_ind=N&names_cor_number
=&names_name_seq=&names_name_ind=&names_comp_name=WAREHOUSES
ENSATIONS&names_filing_type=
3
http://www.standard.netdetective.net/people_search.php?
type=name&first_name=Cheryl&middle_initial=A&last_name=Waller&state=FL
&search=search&submit_x=53&submit_y=10&__utma=188475626.2116180705.1
247196978.1247196978.1247544448.2&__utmz=188475626.1247544448.2.2.utm
ccn=(referral)|utmcsr=netdetective.com|utmcct=/|
utmcmd=referral&__utmb=188475626&__utmc=188475626&PHPSESSID=voluf
ee2782fu3v795pm8sn8c6&animate=1
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President.4 “Exhibit B”. September 16, 2005 is the last filing date for Warehouse
Annual Report, Document #: L05000110025 for Volusia 360, LLC for which
showed Ms. Waller as Registered Agent and Manager. The address for the
Company as well as the home address for Ms. Waller. The Principal Place of
32725 to the New Principal Place of Business: 2270 Belen Drive, Deltona, FL
32738 “Exhibit C”
October 9, 2007 Ms. Waller attempted to register: Volusia 360, LLC with
the Florida Secretary of State’s Division of Corporations, address: 211 Stony Point
Dr., Sebastian, FL 32958. Apparently, Ms. Waller failed to use the proper forms,
the registration was rejected and mailed back to her; the address has been
4
As shown on Document #: P03000064978 2004 For Profit Corporation Annual
Report filed with Florida Secretary of State Office on August 31, 2004 8:00 am
5
http://www.standard.netdetective.net/people_search.php?
type=name&first_name=Cheryl&middle_initial=A&last_name=Waller&state=FL
&search=search&submit_x=53&submit_y=10&__utma=188475626.2116180705.1
247196978.1247196978.1247544448.2&__utmz=188475626.1247544448.2.2.utm
ccn=(referral)|utmcsr=netdetective.com|utmcct=/|
utmcmd=referral&__utmb=188475626&__utmc=188475626&PHPSESSID=voluf
ee2782fu3v795pm8sn8c6&animate=1
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Plaintiff has also attached “Exhibit E” which shows corporations, also
shows information about Ms. Waller’s corporations not specifically listed herein.
for Ms. Waller is the same: 172 SW Mil Ct, Port Saint Lucie, FL, 34953.
“Kids of the Arts Foundation, Corp” 1002 Mori Ct. Port Orange, FL 32127 with
President “Exhibit F”. Ms. Waller’s home address at that time: 1002 Mori Ct.,
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Port Orange, FL 32127-7959, Phone Number (386) 322-2450 Plaintiff has
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Website http://www.cherylwaller.com Address 172 SW Mil Ct, Port Saint Lucie,
FL, 34953 Description Online Marketing Consultant for Real Estate Agents and
Small Business Owners - FREE DVD Reveals 7 Secrets to Dominating Google
Search Engine Results ----> www.CherylWaller.com ---> Social Renegade Sys ©
2009 Cheryl Waller - www.CherylWaller.com - all rights reserved
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http://www.facebook.com shows: http://activerain.com/cherylwaller Name
Cheryl Waller Marketing Consultant - Social Renegade Company
www.CherylWaller.com E-mail Contact Cheryl Waller Marketing Consultant -
Social Renegade (www.CherylWaller.com) Website http://www.cherylwaller.com
Address 172 SW Mil Ct, Port Saint Lucie, FL, 34953 Description Online
Marketing Consultant for Real Estate Agents and Small Business Owners - FREE
DVD Reveals 7 Secrets to Dominating Google Search Engine Results ---->
www.CherylWaller.com ---> Social Renegade Sys
8
http://www.standard.netdetective.net/people_search.php?
type=name&first_name=Cheryl&middle_initial=A&last_name=Waller&state=FL
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attached documentation of several, but not all of the real estate belonging to Ms.
The problem of tracking Ms. Waller down after this Court Granted Plaintiff
the Award, shows an obvious pattern of changing Business names and locations in
order to prevent Plaintiff, and possibly other Judgment creditors from collecting
explanation, Ms. Waller allows a company name to become inactive, uses the
assets from the one company to carry on business under a different company name.
Plaintiff sought a subpoena for documents, with which to show that Ms.
Waller is the alter-ego, or that the successor corporation are merely a continuation
Execution would enable Plaintiff to successfully collect the judgment, or levy one
of Ms. Waller’s many pieces of real property in Florida (see “Exhibit G”); thereby
enabling Plaintiff to collect her Award and move forward with her life.
&search=search&submit_x=53&submit_y=10&__utma=188475626.2116180705.1
247196978.1247196978.1247544448.2&__utmz=188475626.1247544448.2.2.utm
ccn=(referral)|utmcsr=netdetective.com|utmcct=/|
utmcmd=referral&__utmb=188475626&__utmc=188475626&PHPSESSID=voluf
ee2782fu3v795pm8sn8c6&animate=1
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I. ALTER-EGO/COMMON LAW CONTINUATION THEORIES
A. Alter Ego
Research shows that Ms. Waller doesn’t bother to properly dissolve a business,
but allows it go into inactive status. She then uses the same funds from the
inactive business’ to begin business under a new name, then she repeats the steps,
forever staying just far enough ahead that judgment cannot be collected.
Both Georgia and Federal statute recognize the alter-ego doctrine, as well as
the fact that a party overextends “his privilege in the use of a corporate entity in
avoid liability. See Dews v. Ratterree, 246 Ga.App. 324, 246 Ga.App. 324, 540
Plaintiff planned to use the subpoena to show Ms. Waller is in fact the alter-
ego of corporations she runs, “that the defendant disregarded the separate entities
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separate properties, records, or control" (Citations and punctuation omitted.)
Heyde v. Xtraman, Inc., 199 Ga. App. 303, 306 (2) (404 SE2d 607) (1991)
(Emphasis supplied.)
Facts clearly show that Ms. Waller’s actions have merely been a means to
changing the name and/or the company altogether, or by transferring the assets to a
differently named corporation owned and run by herself, Ms. Waller has worked a
Courts to use enforcement methods consistent with Georgia State practice and
control its processes and orders, so as to make them conformable to law and
use of the corporate entity in order to defeat justice, perpetrate fraud or evade tort
03/30/2007) the Court addressed the view under Florida law: “if a successor
corporation ‘suddenly liquidates’ its predecessor at or around the same time that a
debt of the former is about to come due, ‘the timing and magnitude of the
Resolution Trust Corp. v. Latham & Watkins, 909 F. Supp. 923, 932 (S.D.N.Y.
The facts clearly show that Cheryl A. Waller as Owner, President, Principal,
and possibly other positions within Warehouse Sensations, Inc. Ms. Waller
answered the complaint filed in this Court, then disregarded every Order and
direction by the Court. This Court found her in default after giving Ms. Waller and
The facts further show that within a short period of time after Judgment
exist, Florida Secretary of State records shows the status of the corporation became
“inactive”. In order to hide from and thereby defeat the ruling against Warehouse
Sensations, Ms. Waller, the Owner, Principal, and President allowed her
Ms. Waller during the next few years went on to form new corporations,
moved from one address to the next as a means of hiding from the judgment, then
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B. Successor/Common Law Continuation Theory
Further, the new corporations fall within the category of successors and
assigns. The Supreme Court in Regal Knitwear Co. v. NLRB, 324 U.S. 9, 65 S.
Ct. 478, 89 L. Ed. 661 (1945), found that those denominated "successors and
assigns" could be held liable for damages flowing from failure to abide by an
defendant seeks to evade an order or may come within the description of persons in
In Georgia, the common law continuation theory has been applied where
there was some identity of ownership. Ney-Copeland & Assoc., Inc. v. Tag Poly
Bags, Inc., 154 Ga. App. 256 (267 SE2d 862) (1980); Johnson-Battle Lumber Co.
v. Emanuel Lumber Co., 33 Ga. App. 517 (126 SE 861) (1924). The successor
following are applicable: (1) there is an agreement to assume liabilities; (2) the
transaction is, in fact, a merger; (3) the transaction is a fraudulent attempt to avoid
The successor corporation theory is consistent with the principle that “[i]f a
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corporation organizes another corporation with practically the same shareholders
and directors, transfers all the assets but does not pay all the first corporation’s
debts, and continues to carry on the same business, the separate entities may be
disregarded and the new corporation held liable for the obligations of the old.
C. Writ of Execution
show alter-ego, or common law continuation, which would persuade the court to
add Ms. Waller added as Judgment Debtor in the Ruling, thereby enabling the
Given the circumstances, one could easily conclude there was skimming,
funneling, and comingling of money between Ms. Waller and the different
corporations; and possibly one or more of the other corporations had judgments
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against them as well.
amounts to nothing, so she had to pursue the matter on her own. Plaintiff prays
that this Honorable Court will liberally construe her pro se pleadings; she had
planned to use the subpoena to obtain records to show Ms. Waller is an alter-ego of
her corporations and that once a judgment was made against her corporation, she
allowed it to go into “inactive status” and began another corporation using a new
Adding Ms. Waller as Judgment Debtor, and/or; 2) Direct the clerk to sign and
seal the Subpoenas; and 3) Grant a Writ of Execution. Plaintiff collect the Award
convenience.
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By: ___________________________
GA 30189
CERTIFICATE OF COMPLIANCE
In compliance with LR 7.1D, N.D. Ga., I certify that the foregoing Motion
has been prepared in conformity with LR 5.1, N.D. GA. This Motion was prepared
with Times New Roman (14 point) type, with a top margin of one and one-half
(1.5”) inches and a left margin of one (1”) inch, is proportionately spaced.
___________________________
GA 30189
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA,
Atlanta Division
Plaintiff
v. CIVIL ACTION
FILE NO: 1:08-CV-1971-WSD
WAREHOUSE SENSATIONS, INC
A Florida Corporation,
Defendant
______________________________________________________________
CERTIFICATE OF SERVICE
I Certify that I have this 19th day of October, 2009 served a true and correct
copy of the foregoing Plaintiff’s Brief in Support of Having the Clerk Sign and
in Support of Amending this Court’s March 12, 2006 Ruling to Add Cheryl A
U.S.P.S., First Class Mail, proper postage affixed thereto addressed as follows:
Cheryl A. Waller
______________________
______________________ ___________________________
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GA 30189
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