Filed: Apr. 10, 2017
Latest Update: Apr. 10, 2017
Summary: ORDER GRANTING MOTION TO WITHDRAW FUNDS ON DEPOSIT GEORGE W. FOLEY, Jr. , Magistrate Judge . This matter is before the Court on Defendants DAVIDSON INVESTMENTS LIMITED PARTNERSHIP, JOHN W. BOYER, MICHAEL ALEXANDER, Trustee of the MICHAEL ALEXANDER LIVING TRUST; L.S. ENTERPRISES, INC. (collectively "moving Defendants")'s Motion to Withdraw Funds on Deposit (ECF No. 75). Plaintiff, the STATE OF NEVADA, on relation of its Department of Transportation, ("NDOT") filed a Provisional Non-Oppositi
Summary: ORDER GRANTING MOTION TO WITHDRAW FUNDS ON DEPOSIT GEORGE W. FOLEY, Jr. , Magistrate Judge . This matter is before the Court on Defendants DAVIDSON INVESTMENTS LIMITED PARTNERSHIP, JOHN W. BOYER, MICHAEL ALEXANDER, Trustee of the MICHAEL ALEXANDER LIVING TRUST; L.S. ENTERPRISES, INC. (collectively "moving Defendants")'s Motion to Withdraw Funds on Deposit (ECF No. 75). Plaintiff, the STATE OF NEVADA, on relation of its Department of Transportation, ("NDOT") filed a Provisional Non-Oppositio..
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ORDER GRANTING MOTION TO WITHDRAW FUNDS ON DEPOSIT
GEORGE W. FOLEY, Jr., Magistrate Judge.
This matter is before the Court on Defendants DAVIDSON INVESTMENTS LIMITED PARTNERSHIP, JOHN W. BOYER, MICHAEL ALEXANDER, Trustee of the MICHAEL ALEXANDER LIVING TRUST; L.S. ENTERPRISES, INC. (collectively "moving Defendants")'s Motion to Withdraw Funds on Deposit (ECF No. 75). Plaintiff, the STATE OF NEVADA, on relation of its Department of Transportation, ("NDOT") filed a Provisional Non-Opposition (ECF No. 85). Defendant, UNITED STATES ("IRS") filed a Response (ECF No. 90).
The Court, having considered the pleadings and papers on file herein, as well as the parties' oral arguments, finds that withdrawal of the $167,000.00 in funds by the moving Defendants is appropriate. The parties agree, and the Court finds, that these funds specifically correlate to the value of the real property that is the subject of this condemnation action. The parties further agree that neither the IRS nor any other party is waiving the right to pursue recovery of any funds subsequently deposited or otherwise awarded pursuant to any condemnation award or settlement in this matter. Therefore, good cause appearing,
IT IS HEREBY ORDERED that Defendants' Motion to Withdraw Funds on Deposit (ECF No. 75) is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall prepare a check for the $167,000.00 in funds on deposit, along with any interest accrued on said funds since their deposit, within fourteen (14) days of the date of this Order with the check made payable to "American Commonwealth Mortgage".