Sand Canyon Corporation, FKA Premier Trust Deed Services, Inc. v. Coleman et al

Filing 25

STIPULATION and ORDER re disbursement signed by Judge John A. Mendez on 4/18/13. (Kaminski, H)

KATHRYN KENEALLY
Assistant Attorney General
LEE PERLA
Trial Attorney, U.S. Dept. of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
BENJAMIN B. WAGNER
United States Attorney
Of Counsel
Attorneys for the United States of America

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SAND CANYON CORPORATION, FKA
PREMIER TRUST DEED SERVICES, INC.

Case No. 2:12-CV-02107-JAM-KJN

Plaintiff,
v.
ALAN S. COLEMAN, STACI E. COLEMAN,
CALIFORNIA SERVICE BUREAU,
CALIFORNIA FRANCHISE TAX BOARD,
FRIEDMAN FINANCIAL, and UNITED
STATES OF AMERICA

JOINT STIPULATION AND
APPLICATION FOR
DISBURSEMENT

Defendants.

In accordance with this Court’s Order, Rec. Doc. 22, released on April 11, 2013, the
United States of America (“United States”), the California Franchise Tax Board (“FTB”), and
the California Service Bureau, Inc. (“CSB”), submit this joint stipulation and jointly apply for
disbursement in accordance with the following:
1.

The Court ordered that the surplus funds shall be distributed as follows:

9853013.1

a.

The United States—$33,237.55, plus additional interest thereon from and after

January 18, 2013, less any applicable credits;
b.

FTB—$75,592.40, plus additional interest thereon from and after January 18,

2013, less any applicable credits;
c.

CSB—$198,023.54, plus additional interest thereon from and after January 18,

2013, less any applicable credits.
2.

The parties stipulate that for the claims ordered paid in the Court’s Order, see No. 22, the

additional interest accrued from and after January 18, 2013, less any applicable credits, equals
the amounts on the dates set forth below:
Amount

Recorded

Balance as of
Jan. 18, 2013

Balance as of
Apr. 19, 2013
(+91 days)

Balance as of
Apr. 23, 2013
(+95 days)

Balance as of
Apr. 26, 2013
(+98 days)

CSB

$3,933.14

$8,513.14

$8,610.51

$8,614.79

$8,618.00

U.S.

$20,090.82

$33,237.55

$33,487.07

$33,498.08

$33,506.34

FTB

$17,199.48

$28,404.40

$28,615.49

$28,624.86

$28,631.89

CSB

$9,692.24

$18,892.68

$19,133.83

$19,144.43

$19,152.38

FTB

$18,456.56

FTB

$14,352.69

$47,188.00

$47,632.19

$47,647.78

$47,659.47

FTB

$16,380.04

CSB

$167,087.67

Sep. 17,
2001
May 8, 2003
May 21,
2003
Sep. 2, 2003
Nov. 8,
2004
Nov. 8,
2004
Nov. 8,
2004
Jun. 10,
2005

$296,774.42

$300,934.03

$301,116.87

$301,254.00

//continued//

9853013.1

3.

Accordingly, the parties jointly apply for disbursement of the surplus funds to the

claimants as follows:
a.

If paid on Apr. 19, 2013, the recipient and amount should be as follows:
i. The United States—$33,487.07;
ii. FTB—$76,247.68; and
iii. CSB—the balance of the remaining surplus funds.

b.

If paid on Apr. 23, 2013, the recipient and amount should be as follows:
i. The United States—$33,498.08;
ii. FTB—$76,272.64; and
iii. CSB—the balance of the remaining surplus funds.

c.

If paid on April 26, 2013, the recipient and amount should be as follows:
i. The United States—$33,506.34;
ii. FTB—$76,291.36
iii. CSB— the balance of the remaining surplus funds.

SO ORDERED,
This 18th day of April, 2013.

/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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Respectfully submitted,
KATHRYN KENEALLY
Assistant Attorney General
/s/ Lee Perla
LEE PERLA
Trial Attorney, U.S. Dept. of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Tel: [phone]
BENJAMIN B. WAGNER
United States Attorney
Of Counsel
Attorneys for the United States

KAMALA D. HARRIS, State Bar No.146672
Attorney General of California
MOLLY K. MOSLEY, State Bar No. 185483
Supervising Deputy Attorney General
/s/ Jane O’Donnell (as authorized on April 17, 2013)
JANE O'DONNELL, State Bar No. 100617
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for California Franchise Tax Board

/s/ Michael K. Sipes (as authorized on April 17, 2013)
Michael K. Sipes, State Bar Number 155148
LAW OFFICES OF MICHAEL K. SIPES
3050 Fite Circle, Ste. 107
Sacramento, CA 95827
Tel: [phone]
E-mail: [e-mail]
Attorney for Claimant
California Service Bureau, Inc.

9853013.1