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)

Download PDF
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. 1 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 $261,987.30 and all other deposits in to the registry of the Court in this case from and after September 30, 2014, including all principal and interest. less Clerk's fee of 10% of the interest eamed on the deposit. by check payable to Arkansas [OLTA Account ofDavidson Law Firm, Ltd. at 724 Garland Street, Little Rock. Arkansas 72201. 6. All remaining claims herein of Buchanan against Baker, Paul Williams, Jenny Williams and B&W Enterprises are dismissed with prejudice. 7. The counterclaims of Baker. Paul Williams, Jenny Williams and B&W Enterprises are dismissed with prejudice. Hon. Ban'y Brya t United States Magistrate Judge Date: 2 O<..-'JI:J,... "ll 10 I <t I' Approved by: Davidson Law Finn P. O. Box 1300 Little Rock, Arkansas 72203 Phone: 501-374-9977 Facsimile: 501-374-5917 Email: slg@dlf-ar.com /s/ Stephen L. Gershner Stephen L. Gershner, ABN: 78059 Attorneysfor Plaintiff ,$;/;~ /{,ij t."" b / / /., ck R. Windle The Law Office of C. Burt Newell 211 Hobson Ave., P.O. Box 1620 Hot Springs, AR 71913 Phone: 501-762-0455 Email: nick@hotspringslaw.net Attorney for Ronald Clark, Paul Williams, Jenny Williams and B & W Enterprises 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?