Miller v. Stone

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 6/16/2016 IMMEDIATELY RECALLING all Writs of Execution, all Notices of Levies, and all Notices of Judgment Lien issued in this matter; ORDERING all banks, including J.P. Morgan Chase Bank, N.A. and B ank of America to release any holds on the funds of John Stone pursuant to Notices of Levy Under Writ of Execution issued in this matter; DIRECTING the U.S. Marshal's Office to recall or cancel any pending levies and to release to John Stone any funds it is holding pursuant to the Writs of Execution issued in this matter. (cc: U.S. Marshal) (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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In re:

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WATERFORD FUNDING, LLC, et al.,

No. 2:15-mc-0137 WBS AC

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Debtors

ORDER

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

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Plaintiffs,

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v.

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JOHN STONE,

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Defendant.

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This is a judgment debtor proceeding. The underlying judgment was set aside On May

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11, 2016, by the United States Bankruptcy Court for the District of Utah, In re Waterford

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Funding, LLC, Gil A. Miller Chapter 11 Trustee for Waterford Funding, LLC v. John Stone,

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Bankruptcy Case Number 09-22584, Adversary Proceeding Number 11-2093, the Honorable R

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Kimball Mosier, presiding.

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Defendant then filed an Ex Parte Application To Recall Writs of Executions and Judgment

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Levies, and asserted that plaintiff will not oppose the application. ECF No. 29. The undersigned

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ordered plaintiff to file a response to the application. ECF No. 30. Plaintiff has filed no response.

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There being no underlying judgment to enforce, and no party having objected to the

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requested relief:

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IT IS HEREBY ORDERED that:

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1. All Writs of Execution, all Notices of Levies, and all Notices of Judgment Lien issued

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in this “Miscellaneous” matter (2:15-mc-0137), are hereby recalled immediately.

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2. All banks, including JP Morgan Chase Bank, N.A. and Bank of America, are hereby

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ordered to release any holds on the funds of John Stone pursuant to Notices of Levy

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Under Writ of Execution issued in this “Miscellaneous” matter.

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3. The U.S. Marshal’s Office is hereby ordered to recall or cancel any pending levies and

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release to John Stone any funds it is holding pursuant to the Writs of Execution issued

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in this “Miscellaneous” matter.

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DATED: June 16, 2016

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