Miller v. Stone

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 5/12/2016 ORDERING that the Clerk of the Court shall: Return defendant's check to him; and Close the case. CASE CLOSE (Reader, L) Modified on 5/13/2016 (Reader, L).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

In re:

12

WATERFORD FUNDING, LLC, et al.,

No. 2:15-mc-0137 WBS AC

13

Debtors

ORDER

14
15

GIL A. MILLER, Chapter 11 Trustee for
WATERFORD FUNDING, LLC, et al.,

16

Plaintiffs,

17

v.

18

JOHN STONE,

19

Defendant.

20
21

This is a judgment debtor proceeding. The matter was accordingly referred to the

22

undersigned by E.D. Cal. R. 302(c)(11). On May 2, 2016, the court issued an Order To Show

23

Cause (“OSC”) why defendant John Stone’s personal check for $107,278.51 – which defendant

24

had mailed to the court – should not be returned to defendant, and why this case should not be

25

closed.

26
27

Plaintiff, which previously withdrew its request for a judgment debtor examination of
defendant, has not responded to the OSC. Defendant has filed responses to the OSC, attesting

28
1

1

that the underlying judgment has been set aside by the Bankruptcy Court for the District of Utah,

2

requesting the return of his check, and asking that this case be closed. ECF Nos. 26, 27.

3
4

There being no underlying judgment to enforce, plaintiff having withdrawn its request for
a judgment debtor examination, and plaintiff having failed to respond to the OSC,

5

IT IS HEREBY ORDERED that the Clerk of the Court shall:

6

1. Return defendant’s check to him; and

7

2. Close this case.

8

DATED: May 12, 2016

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2