Filed: Apr. 08, 2013
Latest Update: Apr. 08, 2013
Summary: ORDER FOR RELEASE OF FUNDS ON DEPOSIT, PAYMENT OF JUDGMENT, AND RELEASE OF DEEDS OF TRUST LAWRENCE K. KARLTON, District Judge. Having received and reviewed the "Joint Instructions for Release of Funds on Deposit, Payment of Judgment, and Release of Deeds of Trust" filed by the parties on March 22, 2013 (CM/ECF Doc. No. 623), and good cause appearing, IT IS HEREBY ORDERED THAT: a. As soon as practicable, the Court Clerk shall release the funds currently on deposit with the Court in the captio
Summary: ORDER FOR RELEASE OF FUNDS ON DEPOSIT, PAYMENT OF JUDGMENT, AND RELEASE OF DEEDS OF TRUST LAWRENCE K. KARLTON, District Judge. Having received and reviewed the "Joint Instructions for Release of Funds on Deposit, Payment of Judgment, and Release of Deeds of Trust" filed by the parties on March 22, 2013 (CM/ECF Doc. No. 623), and good cause appearing, IT IS HEREBY ORDERED THAT: a. As soon as practicable, the Court Clerk shall release the funds currently on deposit with the Court in the caption..
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ORDER FOR RELEASE OF FUNDS ON DEPOSIT, PAYMENT OF JUDGMENT, AND RELEASE OF DEEDS OF TRUST
LAWRENCE K. KARLTON, District Judge.
Having received and reviewed the "Joint Instructions for Release of Funds on Deposit, Payment of Judgment, and Release of Deeds of Trust" filed by the parties on March 22, 2013 (CM/ECF Doc. No. 623), and good cause appearing,
IT IS HEREBY ORDERED THAT:
a. As soon as practicable, the Court Clerk shall release the funds currently on deposit with the Court in the captioned matter by wiring said funds to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP (Plaintiffs' counsel), whose wiring information was transmitted to the Court Clerk via email on March 22, 2013;
b. Within three (3) business days following the Court Clerk's wiring of the funds currently on deposit, Defendants shall wire the remaining amounts due on the judgment (which amounts are specified on p. 2 of CM/ECF Doc. No. 623 and incorporated by reference herein), including accrued interest to the date of said wiring, to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP;
c. Within three (3) business days following Defendants' wiring of the funds described in Item b., above, Plaintiffs will verify and notify Defendants that the total funds described in Items a. and b., above, have been received in Wilke, Fleury, Hoffelt, Gould & Birney, LLP's trust account; and
d. Within three (3) business days following the verification and notification in Item c., above, the parties will jointly issue supplemental instructions (and submit an accompanying proposed order) to the Court Clerk directing that the deeds of trust currently on deposit be released to Defendant California Correctional Peace Officers Association.
IT IS SO ORDERED.
JOINT INSTRUCTIONS FOR RELEASE OF FUNDS ON DEPOSIT, PAYMENT OF JUDGMENT, AND RELEASE OF DEEDS OF TRUST
By and through their respective attorneys of record, the parties hereto jointly issue the following instructions to the Court Clerk and themselves relating to the payment of judgment in this matter, as follows:
RECITALS
Final judgment in this matter was entered by the Court on April 25, 2011. (CM/ECF Doc. No. 574.) Thereafter, and pursuant to Defendants' application, the Court permitted Defendants to post alternative security for the judgment pending appeal in the form of (a) the deposit with the Court Clerk of the trust deeds for four pieces of real property owned by Defendant CCPOA, and (b) the quarterly deposit of $500,000 with the Court Clerk, up to 125% of the total judgment in the action. (CM/ECF Doc. Nos. 586 and 610.) On June 3, 2011, Defendants deposited the respective deeds of trust for the four properties (CM/ECF Doc. Nos. 592, 596-599), and on September 14, 2011, December 20, 2011, March 21, 2012, June 19, 2012, September 21, 2012, and December 17, 2012, Defendants made the required quarterly deposits, totaling $3,000,000 to date. (CM/ECF Doc. Nos. 612-617.)
On or about February 1, 2013, the United States Court of Appeals for the Ninth Circuit issued its ruling affirming this Court's judgment in full. (CM/ECF Doc. No. 618.) Following that ruling, and the subsequent orders by both this Court and the Ninth Circuit taxing costs against Defendants (CM/ECF Doc. Nos. 621 and 622), the total amounts due from Defendants to Plaintiffs are as follows:
1. Principal Judgment: $4,959,815
2. Accrued Interest From October 25, 2010 through March 22, 2013: $46,325.811
3. Costs—Appellate Court: $305.80
4. Costs—District Court: $20,003.65
5. Total Judgment With Interest and Costs Through March 22, 2013: $5,026,450.262
INSTRUCTIONS
In light of the above-referenced facts and circumstances, the parties now hereby jointly instruct the Court Clerk and themselves, as follows:
a. As soon as practicable, the Court Clerk shall release the funds currently on deposit by wiring said funds to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP (Plaintiffs' counsel), whose wiring information will be provided to the Court Clerk via a separate, confidential transmission.
b. Within three (3) business days following the Court Clerk's wiring of the funds currently on deposit, Defendants shall wire the remaining amounts due on the judgment, including accrued interest to the date of said wiring, to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP.
c. Within three (3) business days following Defendants' wiring of the funds described in Item b., above, Plaintiffs will verify and notify Defendants that the total funds described in Items a. and b., above, have been received in Wilke, Fleury, Hoffelt, Gould & Birney, LLP's trust account.
d. Within three (3) business days following the verification and notification in Item c., above, the parties will jointly issue supplemental instructions to the Court Clerk directing that the deeds of trust currently on deposit be released to Defendant CCPOA.
The below signatures of counsel reflect the parties' mutual agreement and joint instructions that the above-referenced acts be taken.
