Houston v. Eldridge et al

Filing 172

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/2022 RESOLVING all matters regarding dispersal of the settlement funds and plaintiff's 164 , 167 , 168 motions regarding dispersal of the settlement funds are deemed resolved. The Clerk shall serve a copy of this order on plaintiff William Houston and Brian McComas. No further filings will be accepted in this matter. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOUSTON,

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No. 2:16-cv-2561 WBS KJN P

Plaintiff,
v.

ORDER

L. ELDRIDGE, et al.,

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Defendants.

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Plaintiff is a state, proceeding through counsel, with a civil rights action pursuant to 42

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U.S.C. § 1983. The parties voluntarily dismissed this action following a settlement agreement.

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(ECF No. 152.)

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On April 14, 2022, plaintiff filed a motion to compel his counsel, Mr. McComas, to

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release the settlement money to plaintiff via Touchpay.com. (ECF No. 167.) On April 28, 2022,

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the undersigned ordered Mr. McComas to file a status report addressing plaintiff’s access to the

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settlement money and whether Mr. McComas received the check for five percent interest. (ECF

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No. 169.)

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On May 6, 2022, Mr. McComas filed a response to the April 28, 2022 order. (ECF No.

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170-1.) Mr. McComas states that on April 14, 2022, he received the third and final payment of

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the settlement funds, including the check for five percent interest. (Id. at 1.) Plaintiff was timely

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informed of the receipt of funds. (Id.)
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Mr. McComas states that on April 28, 2022, his office received confirmation that plaintiff

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agreed to terms of dispersal of funds to his loan officer. (Id.) On April 29, 2022, the funds were

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sent from the IOLTA account, as directed, with the exception that the funds could not be

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deposited to Touchpay.com. (Id. at 1-2.) Touchpay.com does not accept delivery of such funds

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from IOLTA accounts, cannot assure the security of such delivery, and takes out interest on all

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funds deposited incremental to the amount. (Id. at 2.) The funds were sent to plaintiff’s trust

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account via the only legal method offered by the Sacramento County Sheriff’s Department. (Id.)

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Based on Mr. McComas’s response to the April 28, 2022 order, the undersigned finds that
all matters regarding dispersal of the settlement funds are resolved.

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Accordingly, IT IS HEREBY ORDERED that:

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1. All matters regarding dispersal of the settlement funds are resolved;

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2. Plaintiff’s motions regarding dispersal of the settlement funds (ECF Nos. 164, 167,

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168) are deemed resolved;

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3. The Clerk of the Court is directed to serve a copy of this order on plaintiff: William

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Houston, XREF # 1931724, Sacramento County Jail, 651 I Street, Sacramento,

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California, 95814;

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4. The Clerk of the Court is directed to serve a copy of this order on Brian McComas,

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Law Office of B.C. McComas, PMB 1605, 77 Van Ness Avenue, Suite 101, San

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Francisco, California, 94102.

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No further filings will be accepted in this matter.

Dated: May 13, 2022

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Hou2561.ord(2)

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