STIPULATION AND ORDER TO MOTION FOR RELIEF FROM ORDER PURSUANT TO FED.R.CIV.P.60(a) (Dkt 33)

ANDREW P. GORDON, District Judge.

Plaintiff United States of America ("Plaintiff'), and Defendants Peter B. Lazare, Individually, and as Trustee of the Jon J. Edelman Trust; Ian Williams, as Trustee of the Aurora Borealis Trust,; and Premier Trust, Inc., as Trustee of the Aurora Borealis Trust, ("Defendants"), hereby stipulate to amend the Preliminary Injunction, entered in this action on July 11, 2014, as follows:

Whereas, according to the Verified Complaint, the Federal District Court for the District of New Mexico, on January 29, 2014, entered a Memorandum Opinion Order concluding that the United States was entitled to a $1,601,000 constructive trust against the Jon J. Edelman Trust and making permanent an injunction against the Jon J. Edelman Trust liquidating, disbursing, or Encumbering any assets of the Jon J. Edelman Trust up to the amount of the constructive trust, $1,601,000; and

Whereas, the District Court of New Mexico entered a Judgment to that effect on February 6, 2014; and

Whereas, the United States commenced this action against the Jon J. Edelman Trust, the Aurora Borealis Trust, and Peter Lazare, on July 1, 2014, by filing a Verified Complaint (Doc.# 1) averring, inter alia, fraudulent transfer of income received from the Estate of Mildred Ash and the personal liability of Peter Lazare under 31 U.S.C. 3713(b); and

Whereas, this Court entered a Preliminary Injunction (Doc. #18), on July 11, 2014, inter alia, compelling the Aurora Borealis Trust to deposit the income from the Estate of Mildred Ash into the Court's registry and enjoining the Defendants from liquidating and distributing any part of the income or principal of the Aurora Borealis Trust, pending a hearing on the motion for preliminary injunction or further order of the Court; and

Whereas, the Preliminary Injunction of this Court (Doc.#18) does not contain the amount of the constructive trust adjudged by the New Mexico District and alleged in the Verified Complaint in this action, i.e. $1,601,000, and is therefore ambiguous as to the extent and the duration of the injunction; and

Whereas, the Defendants moved for relief from the injunction to correct this oversight, pursuant to Fed. R. Civ. Pro. 60(b) (Doc. #33); and

Whereas, the Plaintiff filed a response stating it had no opposition to the Motion for Relief from Order Pursuant to Fed. R. Civ. Pro. 60(b) (Doc. #33); and

Whereas, the parties, without waiving any claims, defenses or rights, agree to the amendment of the Preliminary Injunction to correct this oversight, pursuant to Fed. R. Civ. Pro. 60(a) and LR 7-1,

It is hereby stipulated and requested that the Court order the paragraphs 1 and 2 of the Preliminary Injunction (Doc. #18) be amended to provide as follows:

1. The defendants and all agents, representatives, attorneys, entities or persons acting on their behalf or in concert with them, are hereby compelled to deposit the Aurora Borealis Trust's income from the Estate of Mildred Ash, up to the amount of $1,601,000, less any amounts collected from any source pursuant to the constructive trust, pending a judgment or further order of this Court.

2. The defendants and all agents, representatives, attorneys, entities or persons acting on their behalf or in concert with them, are hereby enjoined from liquidating and distributing any part of the income or principal of the Aurora Borealis Trust, up to the amount of $1,601,000, less any amounts collected by the Plaintiff from any source pursuant to the constructive trust, a judgment or further order of this Court.

IT IS HEREBY ORDERED.