Woods v. Carey, et al

Filing 399

ORDER signed by Magistrate Judge Allison Claire on 12/6/2018 ORDERING Ms. McKinney to return a completed Form W-9, within 30 days of the service of this order, to The Chambers of Magistrate Judge Allison Claire, 501 I St., Room 4-200, Sacramento, CA 95814. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS, II,

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Plaintiff,

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No. 2:04-cv-1225 MCE AC P

v.

ORDER

TOM L. CAREY, et al.,

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Defendants.

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On August 20, 2015, a settlement conference was held in this case and an agreement was

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reached. ECF No. 352. Under the settlement agreement, the settlement proceeds are to be paid to

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plaintiff’s mother, Mildred McKinney. ECF No. 370. Plaintiff appealed the order enforcing the

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settlement agreement, and the funds were deposited with the Clerk of the Court pending the

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resolution of any appeal. ECF No. 387 at 2. The Ninth Circuit has now affirmed the judgment

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(ECF No. 394) and the mandate has been entered (ECF No. 395).
Since plaintiff has verified Ms. McKinney’s address (ECF No. 389), payment of the

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settlement proceeds can go forward. However, because the funds have accrued interest, before

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the interest can be paid Ms. McKinney must complete and return a Form W-9. If Ms. McKinney

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does not complete and return the form within the time provided, the settlement funds will be paid

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out to her without any accrued interest.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days of the service of this order, Ms. McKinney must return a completed

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Form W-9. Failure to return the form will result in the settlement proceeds being paid without

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any accrued interest.

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2. The completed form should be returned to The Chambers of Magistrate Judge Allison
Claire, 501 I St., Room 4-200, Sacramento, CA 95814.
3. The Clerk of the Court is directed to send Ms. McKinney a Form W-9 to complete and

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return to this court.

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DATED: December 6, 2018

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