Earl Venton Buchanan v. Ronald J. Baker et al

Filing 309

JUDGMENT finding that Power of Attorney is fraudulent and void, all acts of Baker pursuant to Power of Attorney are invalid and void, all funds deposited into the registry of the Court are the property of Buchanan. Funds to be dispersed as set forth. All remaining claims against Defendants are dismissed with prejudice. All remaining counterclaims are dismissed with prejudice. **Civil Case Terminated. Signed by Honorable Barry A. Bryant on October 31, 2014. (mll)

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF ARKANSAS

HOT SPRINGS DIVISION

EARL VENTON BUCHANAN,

)
)
)

Plaintiff

) Case No. 6: ll-CV-06088-RTD
)
) Judge Dawson

vs.

)
)
)

RONALD J. BAKER, Individually,
PAUL WILLIAMS, Individually,
JENNY WILLIAMS, Individually,
B & W ENTERPRISES,

)
)
)
)
)
)

Defendants

JUDGMENT

Pursuant to the Memorandum Opinion and Order (doc. 305) and the agreement of
plaintiff, Earl Venton Buchanan ("Buchanan") and defendants, Ronald J. Baker ("Baker"), Paul
Williams, Jenny Williams and B&W Enterprises,
IT IS CONSIDERED, ORDERED AND ADJUDGED that:

1.

The purported Power of Attomey dated March 3, 2013 from Buchanan to Baker

(the "POA") was not signed by Buchanan and is fraudulent and void.
2.

All acts of Baker pursuant to the POA are invalid and void.

3.

All funds deposited into the registry of the Court pursuant to the Complaint for

Interpleader and Declaratory Relief (doc. 69) and Consent Judgment (doc. 72) (the "Funds") are
the property of Buchanan.

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4.

Pursuant to Consent Judgment (doc 72), Mel'acord, LLC and its successor,

Evergreen Note Servicing. LLC have deposited funds collected pursuant to contract servicing
agreements with Buchanan (the "Agreements") into the registry of the COUl1,

Meracord, LLC

and its successor. Evergreen Note Servicing. LLC shall send all future funds collected pursuant
to the Agreements to Buchanan at the following address:
Earl Buchanan

c/o Marilyn NOI1up

P.O. Box 606

Norco, CA 92860

5.

The Clerk of this Court shall within ten (10) days of entry of this order pay over

$261,987.30 and all other deposits in to the registry of the Court in this case from and after
September 30, 2014, including all principal and interest. less Clerk's fee of 10% of the interest
eamed on the deposit. by check payable to Arkansas [OLTA Account ofDavidson Law Firm, Ltd.
at 724 Garland Street, Little Rock. Arkansas 72201.

6.

All remaining claims herein of Buchanan against Baker, Paul Williams, Jenny

Williams and B&W Enterprises are dismissed with prejudice.
7.

The counterclaims of Baker. Paul Williams, Jenny Williams and B&W

Enterprises are dismissed with prejudice.

Hon. Ban'y Brya t
United States Magistrate Judge
Date:

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Approved by:
Davidson Law Finn
P. O. Box 1300
Little Rock, Arkansas 72203
Phone: [phone]
Facsimile: 501-374-5917
Email: [e-mail]

/s/ Stephen L. Gershner
Stephen L. Gershner, ABN: 78059
Attorneysfor Plaintiff

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/

/.,

ck R. Windle
The Law Office of C. Burt Newell
211 Hobson Ave.,
P.O. Box 1620
Hot Springs, AR 71913
Phone: [phone]
Email: [e-mail]
Attorney for Ronald Clark, Paul Williams,
Jenny Williams and B & W Enterprises

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