Duckett v. Enomoto et al

Filing 88

JUDGMENT (PARTIAL) - Plaintiff's Motion for Discharge (Doc. 65 ) is granted. FURTHER ORDERED AND ADJUDGED that: A) Plaintiff Nancy Duckett have judgment for attorney fees and expenses in the amount of $25,294.36, to be withdrawn from the interpleaded funds on or after 01/18/16. B) Plaintiff Nancy Duckett is directed to pay the balance of the interpleaded funds to the Trustee, Defendant Kurt A. Tittelbach, on or after 01/18/16, to be held in their entirety until this Court or anot her court of competent jurisdiction orders otherwise. C) Plaintiff Nancy Duckett is discharged from any liability to Defendants for or in connection with the interpleaded funds and shall be dismissed from further participation in these proceedings effective as of 01/18/16. D) Plaintiff Nancy Duckett is dismissed from further participation in these proceedings as of 01/18/16. Signed by Judge Neil V. Wake on 12/30/15. (NKS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Nancy K. Duckett,

No. CV-14-01771-PHX-NVW
Plaintiff,

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v.

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PARTIAL JUDGMENT

Dennis M. Enomoto, et al.,

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Defendants.

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By order of November 13, 2015, the Court determined the following:

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Upon quantification of Plaintiff’s attorney’s fees and costs, a further
order will be entered authorizing Plaintiff to retain for herself those
amounts from the interpleaded funds and directing payment of the balance
of the interpleaded funds to the Trustee, to be held in their entirety until the
Court orders otherwise. Upon transfer of those funds, Plaintiff’s Motion for
Discharge (Doc. 65) will be granted by separate order to the extent
that Plaintiff will be discharged from this action free of liability to
Defendants for or in connection with the interpleaded funds and shall be
dismissed from further participation in these proceedings.

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(Doc. 79 at 14.) By separate order filed this day, Plaintiff Nancy Duckett’s Fee and

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Expense Application (Doc. 82) has been granted in the amount of $25,294.36, to be

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withdrawn from the interpleaded funds. (Doc. 87.) In accordance with the order of

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November 13, 2015,

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IT IS THEREFORE ORDERED that Plaintiff’s Motion for Discharge (Doc. 65) is
granted.

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IT IS FURTHER ORDERED AND ADJUDGED that:

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A.

Plaintiff Nancy Duckett have judgment for attorney fees and expenses in

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the amount of $25,294.36, to be withdrawn from the interpleaded funds on or after

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January 18, 2016.

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B.

Plaintiff Nancy Duckett is directed to pay the balance of the interpleaded

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funds to the Trustee, Defendant Kurt A. Tittelbach, on or after January 18, 2016, to be

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held in their entirety until this Court or another court of competent jurisdiction orders

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otherwise.
C.

Plaintiff Nancy Duckett is discharged from any liability to Defendants for

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or in connection with the interpleaded funds and shall be dismissed from further

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participation in these proceedings effective as of January 18, 2016.

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D.

Plaintiff Nancy Duckett is dismissed from further participation in these

proceedings as of January 18, 2016.
The Court expressly finds there is no just reason for delay in entry of this

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judgment, and the Clerk is directed to enter this judgment.

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necessary to terminate Plaintiff-in-Interpleader’s participation in this case, and the order

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directs payment of monies by a specific date.

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Entry of judgment is

Dated this 30th day of December, 2015.

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Neil V. Wake
United States District Judge

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