Scottsdale Insurance Company v. The Milton H. Greene Archives, Inc. et al

Filing 187

FINDINGS OF FACT RELATING TO RELEASE OF INTERPLEAD FUNDS signed by Judge Dale S. Fischer. (vdr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SCOTTSDALE INSURANCE
COMPANY, an Ohio corporation,

CASE NO. CV 10-1090 DSF (JEMx)
FINDINGS OF FACT RELATING
TO RELEASE OF INTERPLEAD
FUNDS

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Plaintiff and Interpleading Party,
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v.
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Judge: Hon. Dale S. Fischer
Magistrate Judge: John E. McDermott
Courtroom: 840

THE MILTON H. GREENE
ARCHIVES, INC., an Oregon
corporation; THE SONI LAW FIRM, an
unknown business entity doing business
in California; VNU BUSINESS MEDIA,
INC., a Delaware corporation
(erroneously sued in an underlying action
as BPI Communications); and DOES 1 to
100, inclusive,

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Defendants.
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Pursuant to Federal Rules of Civil Procedure, Rule 52, and Central

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District Local Rule, Rule L.R. 52-1, and following consideration of the issues

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presented in this matter, and based upon the evidence presented, this Court makes

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the following findings of fact relating to the release of funds to SCOTTSDALE

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INSURANCE COMPANY ("Scottsdale") and VNU BUSINESS MEDIA, INC., a

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Delaware corporation (erroneously sued in an underlying action as BPI

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Communications) ("VNU"):

61910.1 380.22340

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FINDINGS OF FACT
1.

On February 12, 2010, Scottsdale filed the instant action for declaratory

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relief and interpleader against THE SONI LAW FIRM ("Soni"), VNU, and THE

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MILTON H. GREENE ARCHIVES, INC. ("Greene").

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2.

This federal interpleader action arises out of an underlying federal

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copyright action entitled The Milton H. Greene Archives v. Julien's Auction House,

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LLC, et al., United States District Court for the Central District of California, Case

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No. CV 05-7686 AHM ("the Greene Action"), filed in October of 2005.

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3.

On February 12, 2010, Scottsdale filed a Notice of Deposit Into Court

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and deposited $400,896.45 with the Clerk of the District Court, the funds in dispute

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("the Interplead Funds"), a copy of which is attached hereto as Exhibit 1.

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4.

On May 23, 2011, this Court issued its Findings of Fact and

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Conclusions of Law Re the Priority of The Soni Law Firm's Claim to the Disputed

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Funds Relative to Scottsdale Insurance Co.'s and VNU Business Media, Inc.'s

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Claims, holding that Scottsdale and VNU's respective claims each had priority over

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the claims asserted by Soni, a copy of which is attached hereto as Exhibit 2.

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5.

Soni filed a Notice of Appeal to the Ninth Circuit regarding the Court's

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Findings of Fact and Conclusions of Law Re the Priority of The Soni Law Firm's

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Claim to the Disputed Funds Relative to Scottsdale Insurance Co.'s and VNU

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Business Media, Inc.'s Claims.

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6.

Scottsdale and VNU have entered into a Settlement Agreement

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regarding their respective claims to and the Court's disbursement of the Interplead

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Funds and have stipulated and agreed as to the manner in which the Interplead

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Funds will be disbursed and divided as between Scottsdale and VNU, a copy of

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which is attached hereto as Exhibit 3.

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61910.1 380.22340

7.

Soni requested a stay and that the Interplead Funds not be released by

the Court, and the Court ordered briefing on the matter.
8.

On October 21, 2011, the Court found that there are no grounds for the
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stay requested by Soni, as outlined by the Court's October 21, 2011 Order, a copy of

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which is attached hereto as Exhibit 4.

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9.

Scottsdale and VNU agreed to apportion the Interplead Funds pursuant

to the Settlement Agreement, as follows:
Two Hundred Thousand Dollars and zero cents ($200,000) of the
Interplead Funds shall be paid to Plaintiff Scottsdale Insurance
Company. The check shall be made payable to the "Scottsdale
Insurance Company" and shall be sent to TODD R. HAAS, SELMAN
BREITMAN LLP, 101 West Broadway, Suite 1330, San Diego, CA,
92101, Telephone: [phone], Facsimile: [phone]

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The remaining balance of the Interplead Funds plus any accrued interest
shall be paid to Defendant VNU. The check shall be made payable to
"Cozen O’Connor as attorneys for Chubb Insurance Group A/S/O VNU
Business Media, Inc." and shall be sent to Reeve J. Segal, Cozen
O'Connor, 601 S. Figueroa Street, Suite 3700, Los Angeles, CA 90017,
Telephone: [phone], Facsimile: [phone]
11/9/11
Dated: ________________________
Hon. Dale S. Fischer
United States District Judge

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61910.1 380.22340

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SHERYL W. LEICHENGER (SBN 161688)
[e-mail]
TODD R. HAAS (SBN 190868)
[e-mail]
SELMAN BREITMAN LLP
101 West Broadway, Suite 1330
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Interpleading Party
SCOTTSDALE INSURANCE
COMPANY

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CENTRAL DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW

LLP

UNITED STATES DISTRICT COURT

Selman Breitman

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CASE NO. CV 10-1090 DSF (JEMx)

SCOTTSDALE INSURANCE
COMPANY, an Ohio corporation,

PROOF OF SERVICE

Plaintiff and Interpleading Party,
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Judge: Hon. Dale S. Fischer
Magistrate Judge: John E. McDermott
Courtroom: 840

v.
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THE MILTON H. GREENE
ARCHIVES, INC., an Oregon
corporation; THE SONI LAW FIRM, an
unknown business entity doing business
in California; VNU BUSINESS MEDIA,
INC., a Delaware corporation
(erroneously sued in an underlying action
as BPI Communications); and DOES 1 to
100, inclusive,

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Defendants.
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STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
I am employed in the County of San Diego, State of California. I am over the age of
18 years and am not a party to the within action; my business address is 101 West
Broadway, Suite 1330, San Diego, CA 92101. On November 8, 2011, I served the
following document(s) described as:
NOTICE OF LODGING AND PROPOSED FINDINGS OF FACT
RELATING TO RELEASE OF INTERPLEAD FUNDS
on the interested parties in this action as follows:

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61910.1 380.22340

PROOF OF SERVICE
Case No. CV 10-1090 DSF (JEMx)

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Surjit P. Soni, Esq.
M. Danton Richardson, Esq.
Leo E. Lundberg, Jr., Esq.
THE SONI LAW FIRM
35 N. Lake Avenue, Suite 720
Pasadena, CA 91101

Attorneys For Plaintiff

Barry E. Mallon, Esq.
Borchien Lai, Esq.
Manatt Phelps Phillips
11355 West Olympic Blvd.
Los Angeles, CA 90064-1614

Attorneys for Defendant Julien’s Auction
House; Juliensauction.com; and Darren
Julien

Reeve Segal, Esq.
Cozen O’Connor
777 South Figueroa Street, Suite 2850
Los Angeles, CA 90017

Attorneys for Defendant VNU Business
Media, Inc.

Eric Hanson, Esq.
Cozen O’Connor
1201 Third Avenue, Suite 5200
Seattle, WA 98101-3071

Co-Counsel for Defendant VNU
Business Media, Inc.

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LLP

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ATTORNEYS AT LAW

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Selman Breitman

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⌧

Tel: [phone]
Fax: [phone]
Email: [e-mail]

Tel: [phone]
Fax: [phone]
Email: [e-mail]

Tel: [phone] or [phone]
Fax: [phone]
Email:

Tel: [phone]
Fax: [phone]
Email: [e-mail]

BY MAIL: By placing a true copy thereof in a sealed envelope addressed as
above, and placing it for collection and mailing following ordinary business
practices. I am readily familiar with the firm’s practice of collection and
processing correspondence, pleadings, and other matters for mailing with the
United States Postal service on that same day with postage thereon fully
prepaid at San Diego, California in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if the
postal cancellation date or postage meter date is more than one day after date
of deposit for mailing in affidavit.
BY ELECTRONIC SERVICE: I transmitted a copy of the foregoing
documents(s) via electronic service through CM/ECF to the addressee(s).
BY OVERNIGHT COURIER: I caused the above-referenced document(s)
to be delivered to for delivery to the addressee(s).
BY E-MAIL: I transmitted a copy of the foregoing documents(s) via e-mail
to the addressee(s).

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on November 8, 2011, at San Diego, California.
/s/ Patricia S. Mandich

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PATRICIA S. MANDICH

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61910.1 380.22340

PROOF OF SERVICE
Case No. CV 10-1090 DSF (JEMx)