Sage Point Lender Services, LLC v. Kidd, et al

Filing 17

ORDER signed by Chief Judge Morrison C. England, Jr. on 6/11/2015 ORDERING the Clerk of Court to immediately distribute the interpleaded funds as allocated in the 12 Stipulation and Order. (cc: Financial Sacramento) (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

SAGE POINT LENDER SERVICES,
LLC,
Plaintiff,

13
14
15
16

v.

No. 2:15-cv-00175-MCE-EFB

ORDER

GARY KIDD, et al.,
Defendants.

17
18

On June 3, 2015, the parties filed a stipulation proposing, inter alia, how the Clerk

19

of the Court should distribute the interpleaded funds in this action. ECF No. 10. On

20

June 5, 2015, the Court issued an order directing the Clerk to distribute the funds in the

21

manner described in and pursuant to the parties’ signed stipulation. Neither the

22

stipulation nor the Order directed the Clerk to distribute the funds immediately. The

23

Clerk typically disburses funds thirty days after being ordered to do so; the purpose of

24

the thirty-day period is to eliminate any possible competing interests and to permit

25

parties to appeal ordered disbursement.

26

On June 8, 2015, counsel for three of the defendants filed an Ex Parte Application

27

requesting that the Court order the Clerk to distribute the funds “at the earliest

28

opportunity . . . but in no event later than June 12, 2015.” ECF No. 13. Plaintiff Sage
1

1

Point Lender Services, LLC filed a notice of non-opposition to the Ex Parte Application.

2

ECF No. 15. On June 11, 2015, the Court held a telephonic hearing on the Ex Parte

3

Application to determine if there were any objections to an immediate disbursement of

4

the funds. Aaron Bailey appeared on behalf of the Internal Revenue Service, and

5

Pamela J. Palmieri appeared for Defendants Gary Kidd, Sharon A. Kidd, and Pedro

6

Trust. There were no objections to an immediate disbursement of the funds.

7
8
9
10

Good cause appearing, the Clerk is HEREBY ORDERED to distribute the
interpleaded funds as allocated in the June 5, 2015 Order immediately.
IT IS SO ORDERED.
Dated: June 11, 2015

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2