Cavellini, et al v. Harris, et al

Filing 305

ORDER GRANTING STIPULATION FOR DISBURSEMENT OF FUNDS AND VACATING 1/17/2013 HEARING re 289 MOTION for Claim of Exemption filed by Patricia Ann Larson, 281 MOTION for Hearing Date On Judgment Debtor's Claim of Exemption filed by Roy T. Cavellini, 292 MOTION for Claim of Exemption of Michael F. Harris filed by Michael F. Harris. Signed by Judge 1/10/2013 on 1/10/2013. (kawlc1, COURT STAFF) (Filed on 1/10/2013)

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1 2 United States District Court Northern District of California 3 4 5 7 ROY T. CAVELLINI, MARLENE MOREHEAD, and KANDY RINARD WILSON, 8 Plaintiffs, 6 9 10 United States District Court Northern District of California 11 v. MICHAEL F. HARRIS, HARRIS REALTY CO., INC., and HARRIS REALTY PENSION/PROFIT SHARING PLAN, 12 Case No.: CV 93-00057-SBA (KAW) ORDER GRANTING STIPULATION FOR DISBURSEMENT OF FUNDS AND VACATING JANUARY 17, 2013 HEARING DATE Defendants. 13 14 On January 9, 2013, the parties filed a stipulation for the disbursement of funds and 15 closing of limited enforcement action. (Stip., Dkt. No. 303, attached hereto as Exhibit A.) 16 Plaintiffs had levied upon certain funds claimed by Michael F. Harris and third party claimant 17 Patricia Ann Larson amounting to $20,529.72 in accounts held at J.P. Morgan Chase Bank. (Stip., 18 ¶ 1.) 19 The parties agreed that from the funds levied, that the U.S. Marshal and/or J.P. Morgan 20 Chase Bank shall pay over to Plaintiffs the sum of $10,264.86, payable by check to Geoffrey V. 21 White, from two accounts. (Stip., ¶4.) $1,836.88 will come from account ending in 3839, and the 22 remaining $8,427.99 will come from account ending in 3550. (Id.) The Court acknowledges that 23 this amount is to be applied to the outstanding judgment owed by Defendant Harris, and does not 24 constitute a settlement regarding full satisfaction of all monies owed. (See Id., ¶¶ 7-8.) 25 Consistent with the stipulation of the parties, the U.S. Marshal for the Northern District of 26 California and/or J.P Morgan Chase Bank is ORDERED to disburse $10,264.86 to Geoffrey V. 27 White. The U.S. Marshal shall return all other remaining funds held to the financial institution 28 1 from which they were garnished, and J.P. Morgan Chase Bank may release all other funds back to 2 Harris and Larson. 3 4 5 6 Accordingly, the January 17, 2013 hearing on Judgment Debtor’s Claim of Exemption from Levy on Writ of Execution is VACATED. IT IS SO ORDERED. Dated: January 10, 2013 ___________________________ KANDIS A. WESTMORE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Exhibit A Case4:93-cv-00057-SBA Document303 Filed01/09/13 Page1 of 5 Case4:93-cv-00057-SBA Document303 Filed01/09/13 Page2 of 5 Case4:93-cv-00057-SBA Document303 Filed01/09/13 Page3 of 5 Case4:93-cv-00057-SBA Document303 Filed01/09/13 Page4 of 5 Case4:93-cv-00057-SBA Document303 Filed01/09/13 Page5 of 5

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