Dawe v. Corrections USA et al

Filing 626

AMENDED ORDER 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 ORDERING the Clerk of Court to release the funds currently on deposit with the Court, as soon as practic able, by wiring said funds to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the Defendants to wire the remaining amounts due on the judgment, including accrued interest, within 3 business days following The Clerk of Cour t's issuance of the funds currently on deposit, to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the Plaintiffs to verify and notify Defendants, within 3 business days following Defendants' wiring of funds, that the total funds described have been received by Wilke, Fleury, Hoffelt, Gould & Birney, LLP; ORDERING the parties to issue Joint Supplemental Instructions to the Clerk of Court, within 3 business days of verification and notification, directing that the deeds of trust currently on deposit be released to Defendant California Correctional Peace Officers Association. (cc: Financial Sacramento)(Michel, G)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN DAWE; FLAT IRON
11 MOUNTAIN ASSOCIATES, LLC,
formerly known as Flat Iron Mountain
12 Associates, a Partnership,
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Plaintiffs,

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v.

15 CORRECTIONS USA, a California
Corporation; CALIFORNIA
16 CORRECTIONAL PEACE OFFICERS
ASSOCIATION, a California Corporation;
17 JAMES BAIARDI, an individual;
DONALD JOSEPH BAUMANN, an
18 individual,
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Defendants.

Case No. 2:07-CV-01790 LKK EFB
[Consolidated Master Case Number]
AMENDED ORDER 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.
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Hon. Lawrence K. Karlton

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AND RELATED CLAIMS AND
21 COUNTERCLAIMS
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Having received and reviewed the “Joint Instructions for Release of Funds on Deposit,

24 Payment of Judgment, and Release of Deeds of Trust” filed by the parties on March 22, 2013
25 (CM/ECF Doc. No. 623), and good cause appearing,
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IT IS HEREBY ORDERED THAT:

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a.

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

As soon as practicable, the Court Clerk shall release the funds currently on deposit
with the Court in the captioned matter by wiring said funds to the trust account of

931813.1

-1ORDER FOR RELEASE OF FUNDS ON DEPOSIT, ETC. (Case No. 2:07-CV-01790 LKK EFB)

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Wilke, Fleury, Hoffelt, Gould & Birney, LLP (Plaintiffs’ counsel), whose wiring

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information was transmitted to the Court Clerk via email on March 22, 2013. If wiring

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of funds is not an option for the Court, then payment by treasury check, made out to

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Wilke, Fleury, Hoffelt, Gould & Birney, LLP Trust Account, may be made;

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b.

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

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

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judgment (which amounts are specified on p. 2 of CM/ECF Doc. No. 623 and

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incorporated by reference herein), including accrued interest to the date of said wiring,

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to the trust account of Wilke, Fleury, Hoffelt, Gould & Birney, LLP;

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c.

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

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

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

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Gould & Birney, LLP’s trust account; and

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d.

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

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above, the parties will jointly issue supplemental instructions (and submit an

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accompanying proposed order) to the Court Clerk directing that the deeds of trust

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currently on deposit be released to Defendant California Correctional Peace Officers

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Association.

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IT IS SO ORDERED.

20 DATED: April 8, 2013
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W I L KE , F L EU R Y ,
HOFFELT, GOULD &
B IR N E Y , LLP
ATTORNEYS AT LAW
SACRAMENTO

931813.1

-2ORDER FOR RELEASE OF FUNDS ON DEPOSIT, ETC. (Case No. 2:07-CV-01790 LKK EFB)