Alban v. Maduro Moros - Motion to Dismiss Interpleader Denied
Summary
The U.S. District Court for the Southern District of Florida adopted Magistrate Judge Edwin G. Torres's Report and Recommendation and denied the Alban Judgment Creditors' Motion to Dismiss JPMorgan Chase Bank, N.A.'s Counterclaim and Third-Party Complaint for Relief in Interpleader in Response to Writ of Garnishment on Blocked Account of Raytheon-DIANCA. The court applied clear error review because no party objected to the Magistrate's report, as provided under 28 U.S.C. § 636(b)(1). The order was issued on April 7, 2026, in Miami, Florida.
“Alban Judgment Creditors' Motion to Dismiss JPMorgan Chase Bank, N.A.'s Counterclaim and Third-Party Complaint for Relief in Interpleader in Response to Writ of Garnishment on Blocked Account of Raytheon-DIANCA, [ECF No. 302], is DENIED.”
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What changed
The court adopted Magistrate Judge Edwin G. Torres's Report and Recommendation in full and denied the Alban Judgment Creditors' motion to dismiss JPMorgan Chase Bank, N.A.'s counterclaim and third-party complaint for interpleader relief. The motion was directed at JPMorgan's response to a writ of garnishment on a blocked account belonging to Raytheon-DIANCA.
For the Alban Judgment Creditors, the denial means JPMorgan Chase's interpleader complaint survives, and the garnishment proceedings regarding the blocked Raytheon-DIANCA account remain unresolved. This is a procedural post-judgment matter in an ongoing civil case involving international parties and blocked financial accounts.
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April 7, 2026 Get Citation Alerts Download PDF Add Note
Meudy Albán Osio in her personal capacity and in her capacity as the personal representative of the Estate of Fernando Alberto Albán, et al. v. Nicolas Maduro Moros, et al.
District Court, S.D. Florida
- Citations: None known
- Docket Number: 1:21-cv-20706
Precedential Status: Unknown Status
Trial Court Document
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:21-cv-20706-GAYLES/TORRES
MEUDY ALBÁN OSIO in her personal capacity
and in her capacity as the personal representative
of the Estate of FERNANDO ALBERTO ALBÁN, et al.,
Plaintiffs,
v.
NICOLAS MADURO MOROS, et al.,
Defendants.
____________________________________/
ORDER
THIS CAUSE comes before the Court on Alban Judgment Creditors’ Motion to Dismiss
JPMorgan Chase Bank, N.A.’s Counterclaim and Third-Party Complaint for Relief in Interpleader
in Response to Writ of Garnishment on Blocked Account of Raytheon-DIANCA (the “Motion”).
[ECF No. 302]. On November 8, 2024, the Court referred all post-judgment matters to Magistrate
Judge Edwin G. Torres. [ECF No. 233]. On August 4, 2025, Judge Torres issued his Report and
Recommendation (the “Report”) recommending that the Motion be denied. [ECF No. 623]. No
party has objected to the Report.
A district court may accept, reject, or modify a magistrate judge’s report and
recommendation. 28 U.S.C. § 636 (b)(1). Those portions of the report and recommendation to which
objections are made are accorded de novo review if those objections “pinpoint the specific findings
that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint
Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).
The Court has reviewed the Report for clear error and agrees with Judge Torres’s well-
reasoned analysis and recommendation that the Motion should be denied.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Edwin G. Torres’s Report and Recommendation, [ECF No. 623],
is ADOPTED in FULL.
2. Alban Judgment Creditors’ Motion to Dismiss JPMorgan Chase Bank, N.A.’s
Counterclaim and Third-Party Complaint for Relief in Interpleader in Response to
Writ of Garnishment on Blocked Account of Raytheon-DIANCA, [ECF No. 302],
is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 7th day of April, 2026.
UNITED STATES DIST JUDGE
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