Dawe v. Corrections USA et al

Filing 625

ORDER 624 for Release of Funds on deposit, payment of Judgment, and release of Deeds of Trust signed by Judge Lawrence K. Karlton on 4/8/2013. As soon as practicable, Clerk shall release funds currently on deposit with Court in captioned matter by wiring said funds to trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP (plaintiffs' counsel), whose wiring information was transmitted to Clerk via email on 3/22/2013. (Attachments: # 1 Joint Instructions for Release of Funds) [cc: Financial Department] (Marciel, M)

1 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
DANIEL L. BAXTER (SBN 203862)
2 [e-mail]
400 Capitol Mall, Twenty-Second Floor
3 Sacramento, CA 95814
Telephone:
[phone]
4 Facsimile:
[phone]
5 Attorneys for Plaintiff/Counter-Defendant
BRIAN DAWE; Plaintiff FLAT IRON MOUNTAIN
6 ASSOCIATES, LLC, formerly known as Flat Iron Mountain
Associates, a Partnership; Defendant/Counter-Plaintiff
7 GARY HARKINS; and Defendant RICHARD LOUD
8
9

UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 BRIAN DAWE; FLAT IRON
MOUNTAIN ASSOCIATES, LLC,
12 formerly known as Flat Iron Mountain
Associates, a Partnership,
13
Plaintiffs,
14
v.
15
CORRECTIONS USA, a California
16 Corporation; CALIFORNIA
CORRECTIONAL PEACE OFFICERS
17 ASSOCIATION, a California Corporation;
JAMES BAIARDI, an individual;
18 DONALD JOSEPH BAUMANN, an
individual,
19
Defendants.
20

Case No. 2:07-CV-01790 LKK EFB
[Consolidated Master Case Number]
JOINT INSTRUCTIONS FOR RELEASE
OF FUNDS ON DEPOSIT, PAYMENT OF
JUDGMENT, AND RELEASE OF DEEDS
OF TRUST

Trial Information
DATE:
TIME:
CRTRM:
JUDGE:

July 27, 2010
10:30 a.m.
4
Hon. Lawrence K. Karlton

21 AND RELATED CLAIMS AND
COUNTERCLAIMS
22
23

By and through their respective attorneys of record, the parties hereto jointly issue the

24 following instructions to the Court Clerk and themselves relating to the payment of judgment in this
25 matter, as follows:
26

RECITALS

27

Final judgment in this matter was entered by the Court on April 25, 2011. (CM/ECF Doc. No.

28 574.) Thereafter, and pursuant to Defendants’ application, the Court permitted Defendants to post
W I L KE , F L EU R Y ,
HOFFELT, GOULD &
B IR N E Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

930211.1

-1JOINT INSTRUCTIONS RE PAYMENT OF JUDGMENT (Case No. 2:07-CV-01790 LKK EFB)

1 alternative security for the judgment pending appeal in the form of (a) the deposit with the Court Clerk
2 of the trust deeds for four pieces of real property owned by Defendant CCPOA, and (b) the quarterly
3 deposit of $500,000 with the Court Clerk, up to 125% of the total judgment in the action. (CM/ECF
4 Doc. Nos. 586 and 610.) On June 3, 2011, Defendants deposited the respective deeds of trust for the
5 four properties (CM/ECF Doc. Nos. 592, 596-599), and on September 14, 2011, December 20, 2011,
6 March 21, 2012, June 19, 2012, September 21, 2012, and December 17, 2012, Defendants made the
7 required quarterly deposits, totaling $3,000,000 to date. (CM/ECF Doc. Nos. 612-617.)
8

On or about February 1, 2013, the United States Court of Appeals for the Ninth Circuit issued

9 its ruling affirming this Court’s judgment in full. (CM/ECF Doc. No. 618.) Following that ruling, and
10 the subsequent orders by both this Court and the Ninth Circuit taxing costs against Defendants
11 (CM/ECF Doc. Nos. 621 and 622), the total amounts due from Defendants to Plaintiffs are as follows:
12

1.

Principal Judgment: $4,959,815

13

2.

Accrued Interest From October 25, 2010 through March 22, 2013: $46,325.811

14

3.

Costs—Appellate Court: $305.80

15

4.

Costs—District Court: $20,003.65

16

5.

Total Judgment With Interest and Costs Through March 22, 2013: $5,026,450.262

17

INSTRUCTIONS

18

In light of the above-referenced facts and circumstances, the parties now hereby jointly instruct

19 the Court Clerk and themselves, as follows:
20

a.

As soon as practicable, the Court Clerk shall release the funds currently on deposit by

21

wiring said funds to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP

22

(Plaintiffs’ counsel), whose wiring information will be provided to the Court Clerk via

23

a separate, confidential transmission.

24 / / /
25
26
1

Note that interest accrues from the date of the original judgment in this matter (10/25/2010), prior to
27 remittitur.
2
Additional interest accrues at a rate of $30.04 per day.
28
W I L KE , F L EU R Y ,
HOFFELT, GOULD &
B IR N E Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

930211.1

-2JOINT INSTRUCTIONS RE PAYMENT OF JUDGMENT (Case No. 2:07-CV-01790 LKK EFB)

1

b.

Within three (3) business days following the Court Clerk’s wiring of the funds

2

currently on deposit, Defendants shall wire the remaining amounts due on the

3

judgment, including accrued interest to the date of said wiring, to the trust account of

4

Wilke, Fleury, Hoffelt, Gould & Birney, LLP.

5

c.

Within three (3) business days following Defendants’ wiring of the funds described in

6

Item b., above, Plaintiffs will verify and notify Defendants that the total funds

7

described in Items a. and b., above, have been received in Wilke, Fleury, Hoffelt,

8

Gould & Birney, LLP’s trust account.

9

d.

Within three (3) business days following the verification and notification in Item c.,

10

above, the parties will jointly issue supplemental instructions to the Court Clerk

11

directing that the deeds of trust currently on deposit be released to Defendant CCPOA.

12

The below signatures of counsel reflect the parties’ mutual agreement and joint instructions

13 that the above-referenced acts be taken.
14 DATED: March 22, 2013
15

WILKE, FLEURY, HOFFELT, GOULD &
BIRNEY, LLP

16
By:

17
18
19
20
21
22 DATED: March 22, 2013

/s/ Daniel L. Baxter
DANIEL L. BAXTER
Attorneys for Plaintiff/Cross-Defendant
BRIAN DAWE; Plaintiff FLAT IRON
MOUNTAIN ASSOCIATES, LLC,;
Defendant/Counter-Plaintiff GARY
HARKINS; and Defendant RICHARD
LOUD

MANATT PHELPS & PHILLIPS, LLP

23
By:

24
25
26
27

/s/ Dean J. Zipser
DEAN J. ZIPSER
Attorneys for Defendants CORRECTIONS
USA; CALIFORNIA CORRECTIONAL
PEACE OFFICERS ASSOCIATION;
JAMES BAIARDI; and DONALD
JOSEPH BAUMANN

28
W I L KE , F L EU R Y ,
HOFFELT, GOULD &
B IR N E Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

930211.1

-3JOINT INSTRUCTIONS RE PAYMENT OF JUDGMENT (Case No. 2:07-CV-01790 LKK EFB)