Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 280

ORDER signed by District Judge Troy L. Nunley on 02/02/17 ORDERING that plaintiff shall deposit a cashier's check in the amount of $188,706.43 with the Clerk within 10 days; the Court shall HOLD the funds until such time as the Court issues an order disbursing the supersedeas bond; the Court's (#278) Minute Order re the disbursement of the supersedeas bond is STRICKEN (cc: Financial). (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNLY R. BECKER, et al.,

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No. 2:10-cv-02799-TLN-KJN

Plaintiff,
v.

ORDER

WELLS FARGO BANK, N.A. INC., et al.,
Defendant.

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This matter is before the Court with regards to the disbursement of two bonds. On

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December 14, 2010, Plaintiff received a Preliminary Injunction preventing Defendant from

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foreclosing on Plaintiff’s loans. (ECF No. 21.) The Court set a $500 bond and later amended the

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bond to require that Plaintiff make monthly payments in the amount of $3,645 for the duration of

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the injunction. (ECF Nos. 21 & 121.) Plaintiff made monthly payments from October 2010 to

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October 2014 resulting in a total of $91,635 when the case concluded with Defendant’s motion

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for summary judgment. Plaintiff appealed the Court’s order granting summary judgment in favor

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of Defendant and the Court held the bond pending the outcome of the appeal. (ECF No. 205.)

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On October 7, 2014, Defendant moved for an award of attorney’s fees. (ECF No. 213.) On

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February 5, 2015, the Court granted Defendant’s request for attorney’s fees in the amount of

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$146,493.50. (ECF No. 227.) Plaintiff subsequently appealed the Court’s award of attorney’s

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fees and moved to place the attorney’s fees in a supersedeas bond with the Court. (ECF Nos. 230
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& 232.) The Court granted Plaintiff’s motion to post a supersedeas bond with regards to the

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award of attorney’s fees in the amount of $188,706.43. (ECF No. 248.)

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On December 7, 2016, this Court found that the appeals in the instant action had all

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concluded. The Court noted the only remaining issue was the disbursement of the two bonds held

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by the Court pending the conclusion of the appeals. (ECF No. 277.) The Court ordered the

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disbursement of the preliminary injunction bond such that Defendant received $84,335 and

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Plaintiff received “any funds remaining in the preliminary injunction bond account after the

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disbursement to Defendant.” (ECF No. 264 at 2.) The Court did not direct the disbursement of

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the supersedeas bond.

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Plaintiff notified the Court by email on January 30, 2017, that he believed that he had

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mistakenly received the funds from the supersedeas bond when the Court clerk disbursed the

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remaining funds of the preliminary injunction bond. In order to correct this error, Plaintiff

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suggests that he should submit a cashier’s check to the court clerk in the amount of $188,706.43.

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The Court agrees with Plaintiffs proposed approach.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff shall deposit a cashier’s check in the amount of $188,706.43 with the

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Clerk of Court within ten (10) days of this order. The Court shall hold the funds until such time

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as the Court issues an order disbursing the supersedeas bond.

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2.

The Clerk is directed to notify the financial department of this order.

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3.

The Court’s Minute Order (ECF No. 278) regarding the disbursement of the

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supersedeas bond is hereby STRICKEN.
IT IS SO ORDERED.
Dated: February 2, 2017

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Troy L. Nunley
United States District Judge

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