Sanchez v. State of California et al

Filing 274

ORDER GRANTING 273 Defendant Smyth's Application for Order of Disbursement of Registry Funds signed by Magistrate Judge Stanley A. Boone on 4/4/2016. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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IRMA B. SANCHEZ,

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v.

1:12-cv-01835-SAB
Plaintiff, ORDER GRANTING DEFENDANT
SMYTH’S APPLICATION FOR ORDER OF
DISBURSEMENT OF REGISTRY FUNDS

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STATE OF CALIFORNIA, SYDNEY
SMYTH, and DOES 1 THROUGH 15, in
their individual capacities,
Defendants.

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On July 22, 2015, Defendant Sydney Smyth deposited $15,000 into the court registry in

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lieu of filing a bond to stay enforcement of the punitive damages judgment. See Doc. 216, and

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Receipt No. CAE100029841. The deposit was made to comply with the Court’s order dated July

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13, 2015. See Doc. 199. Since then, the parties have settled all disputes among and between

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them. On April 4, 2015, Defendant Smyth filed a Notice of Full and Complete Satisfaction of

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Judgment As to the Punitive Damages Award executed by Plaintiff’s counsel on February 18,

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2016. See Doc. 270. The satisfaction of judgment states that based on Plaintiff and Defendant

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Smyth’s agreement, “Plaintiff has waived all rights and claims she may have to the punitive

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damages award, and has forever released Smyth from any obligation he may have to pay the

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award. The parties have agreed to bear their respective attorneys’ fees and costs.” See Doc. 270.
Based on the foregoing and in accordance with Local Rule 150(h), Defendant Smyth

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requests that this Court issue an Oder of Disbursement of the $15,000 that he deposited into the

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court registry, plus any applicable interest, payable to Sydney Smith.

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Dated: April 4, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General

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MATTHEW T. BESMER

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MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendant Sydney Smyth

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ORDER OF DISBURSEMENT

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On April 4, 2016, Plaintiff filed a notice of satisfaction of judgment as to the punitive

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damages and as to the compensatory damages awarded by the jury in this action. Accordingly,

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there are no remaining issues for the Court to address in this matter

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Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of the Court is

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directed to disburse $15,000, plus any applicable interest, from the court registry payable to

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Sydney Smyth. This payment constitutes a return of the funds, with any applicable interest, that

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Sydney Smyth deposited with the court registry on July 22, 2015. See Doc. 216, and Receipt No.

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CAE100029841.

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IT IS SO ORDERED.
Dated:

April 4, 2016
UNITED STATES MAGISTRATE JUDGE

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