Fisher v. Biozone Pharmaceuticals, Inc. et al

Filing 67

ORDER REGARDING CHECK. Signed by Magistrate Judge Laurel Beeler on 5/13/2013. (ls, COURT STAFF) (Filed on 5/13/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION
DANIEL FISHER,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

No. C 12-03716 WHA (LB)

Plaintiff(s),
ORDER REGARDING CHECK

13
14

v.
BIOZONE PHARMACEUTICALS, INC.,
ET AL.,

15
16

Defendant(s).
___________________________________/

17
18

The parties recently notified the court that they wanted the court to hold for safekeeping a check

19

made out directly to Mr. Fisher. To do that, the court needs to issue an order directing the clerk of

20

the court to retain the check in the court's vault until further order of the court. To make sure that

21

everyone agrees with the process, they should file a stipulation setting forth the process they

22

contemplate. Probably it is better that the check be returned to Defendants rather than having the

23

clerk's office destroy it. If that is the case, then the check can be delivered here with an addressed,

24

pre-paid Express Mail envelope for the return of the check. Again, the process should be set forth

25

fully in the parties' stipulation.

26

The stipulation should contain a proposed order with language to the effect of, "pursuant to the

27

parties' stipulation, the court directs the Clerk of the Court to hold the check dated ___ from ___ in

28

the amount of $___ made out to ____ and the accompanying addressed, pre-paid Federal Express

ORDER RE CHECK
C 12-03716 WHA (LB)

1

Overnight envelope in the Clerk's vault pending further order of the court authorizing release of the

2

check to ____ via overnight delivery."

3

Then, when the parties are ready to have the check sent back to Defendants, they should submit a

4

similar stipulated order to the effect of, "pursuant to the parties' request, the clerk of the court shall

5

release the $___ check made out to _____ that previously was deposited with the court by sending it

6

by overnight delivery to ______. A self-addressed, paid Federal Express Overnight envelope was

7

provided previously for this purpose."

8

IT IS SO ORDERED.

9

Dated: May 13, 2013
LAUREL BEELER
United States Magistrate Judge

10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

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

ORDER RE CHECK
C 12-03716 WHA (LB)

2