[Proposed] STIPULATED ORDER FOR DISPOSITION OF INTERPLEADED FUNDS

YVONNE GONZALEZ ROGERS, District Judge.

This bankruptcy adversary proceeding involves competing claims to interpleaded funds now held by the Clerk of this Court (the "Clerk of the District Court") and the Clerk of the United States Bankruptcy Court in the Northern District of California (the "Clerk of the Bankruptcy Court") (together the "Clerks of Court"), as follows (collectively, the "Deposited Funds"):

The Clerk of the District Court holds funds in connection with Civil Case No. 4:11-cv-5180, pursuant to stipulated order issued and filed May 14, 2012 in Case No. 4:11-cv-5180, in the principal amount of $1,288,467.53 and accrued interest through February 28, 2015, in the amount of $810.09 for a total of $1,289,277.62 as of February 28, 2015, and additional interest accruing after that date (the "District Court Funds"). Case No. 4:11-cv-5180 was closed pursuant to order filed July 20, 2012, and the Clerk of the District Court continued to hold the District Court Funds under that case number.

The Clerk of the Bankruptcy Court holds funds in connection with Adversary Proceeding No. 11-3191 TC pursuant to Bankruptcy Court order entered August 26, 2013 in the principal amount of $9,920,947.97 and accrued interest through February 28, 2015, in the amount of $11,285.74, for a total of $9,932,233.71 as of February 28, 2015, and additional interest accruing after that date (the "Bankruptcy Court Funds").

This adversary proceeding was tried before Bankruptcy Judge Thomas Carlson on February 12-13, 2013. It came before this Court as Case No. 4:13-cv-02794-YGR for de novo review of the Amended Proposed Findings of Fact and Conclusions of Law ("Proposed Findings and Conclusions") prepared and submitted following trial by the Bankruptcy Judge [Bankruptcy Docket No. 99], upon timely objections by Defendant R. Todd Neilson, as Liquidating Trustee for Debtor William James Del Biaggio III ("Defendant Trustee"). The Court has considered de novo pursuant to Rule 9033(d) of the Federal Rules of Bankruptcy Procedure the objections filed by Defendant Trustee, the response thereto filed by Defendant and Counterclaimant Thomvest Holdings LLC ("Counterclaimant Thomvest"), and the Proposed Findings and Conclusions and the record of the trial, and has issued its Order Accepting Bankruptcy Court's Amended Proposed Findings of Fact and Conclusions of Law upon such de novo review, with modifications thereto, entered as Docket No. 11 on August 12, 2014.

On September 17, 2014, the Court granted the parties' Stipulated Motion to Correct Final Judgment Pursuant to Fed. R. Civ. P. 60(a) and entered the Corrected Judgment on De Novo Review and Order Accepting Bankruptcy Court's Proposed Findings of Fact and Conclusions of Law (FRCP 60(a)) (the "Corrected Judgment") (Dkt. No. 20).

On September 19, 2014, Defendant Trustee filed a timely notice of appeal from the Corrected Judgment and thereafter filed Appellant's Opening Brief. On February 20, 2015 the parties reached a settlement agreement in principle and on March 16, 2015 the parties memorialized the terms of their settlement in the Settlement Agreement. As set forth in the Settlement Agreement, Defendant Trustee shall receive $1,000,000.00 of the Deposited Funds, and Counterclaimant Thomvest shall receive the remainder of the Deposited Funds.

On March 17, 2015, the parties filed their Stipulation Requesting Entry of Order for Disposition of Interpleaded Funds (Dkt. No. 22), to implement the provisions of the Settlement Agreement.

Accordingly, pursuant to the Stipulation of the parties, IT IS HEREBY ORDERED that the Clerks of Court are authorized and directed forthwith to disburse the Deposited Funds as follows:

The undersigned, counsel of record for the parties, stipulate to entry of the foregoing Order.