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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United States District Court
Northern District of California
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ROY T. CAVELLINI, MARLENE
MOREHEAD, and KANDY RINARD
WILSON,
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Plaintiffs,
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United States District Court
Northern District of California
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v.
MICHAEL F. HARRIS, HARRIS REALTY
CO., INC., and HARRIS REALTY
PENSION/PROFIT SHARING PLAN,
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Case No.: CV 93-00057-SBA (KAW)
ORDER GRANTING STIPULATION FOR
DISBURSEMENT OF FUNDS AND
VACATING JANUARY 17, 2013 HEARING
DATE
Defendants.
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On January 9, 2013, the parties filed a stipulation for the disbursement of funds and
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closing of limited enforcement action. (Stip., Dkt. No. 303, attached hereto as Exhibit A.)
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Plaintiffs had levied upon certain funds claimed by Michael F. Harris and third party claimant
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Patricia Ann Larson amounting to $20,529.72 in accounts held at J.P. Morgan Chase Bank. (Stip.,
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¶ 1.)
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The parties agreed that from the funds levied, that the U.S. Marshal and/or J.P. Morgan
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Chase Bank shall pay over to Plaintiffs the sum of $10,264.86, payable by check to Geoffrey V.
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White, from two accounts. (Stip., ¶4.) $1,836.88 will come from account ending in 3839, and the
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remaining $8,427.99 will come from account ending in 3550. (Id.) The Court acknowledges that
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this amount is to be applied to the outstanding judgment owed by Defendant Harris, and does not
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constitute a settlement regarding full satisfaction of all monies owed. (See Id., ¶¶ 7-8.)
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Consistent with the stipulation of the parties, the U.S. Marshal for the Northern District of
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California and/or J.P Morgan Chase Bank is ORDERED to disburse $10,264.86 to Geoffrey V.
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White. The U.S. Marshal shall return all other remaining funds held to the financial institution
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from which they were garnished, and J.P. Morgan Chase Bank may release all other funds back to
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Harris and Larson.
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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
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United States District Court
Northern District of California
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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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