I.E.I. Company Limited et al v. Advance Cultural Education and Training Corporation et al

Filing 145

STIPULATION AND ORDER RELEASING FROZEN FUNDS TO PLAINTIFFS re 143 Stipulation filed by International Education, Inc., I.E.I. Company Limited. Signed by Judge Phyllis J. Hamilton on 7/22/11. (nah, COURT STAFF) (Filed on 7/22/2011)

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KRONENBERGER BURGOYNE, LLP
Karl S. Kronenberger (Bar No. 226112)
James V. Weixel, Jr. (Bar No. 166024)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
I.E.I. Company Limited and International Education, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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I.E.I. COMPANY LIMITED, et al.,

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Plaintiffs,
vs.

Case No. 4:09-CV-05079 PJH
STIPULATION AND [PROPOSED]
ORDER RELEASING FROZEN
FUNDS TO PLAINTIFFS

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ADVANCE CULTURAL EXCHANGE
TRAINING CORPORATION, et al.,
Defendants.

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This matter comes before the Court on stipulation of Plaintiffs I.E.I. Company
Limited and International Education, Inc. (“Plaintiffs”) and Defendants Advance Cultural
Exchange Training Corporation, Napat Vorapuvadol, Narin Nathradol, and Supawadee
Poondej (“Defendants”).
RECITALS

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1.

On or about October 23, 2009, Plaintiffs filed the above-captioned action

in this Court, alleging certain claims against Defendants (the “Action”).
2.

On or about November 16, 2009, Plaintiffs filed a First Amended

Complaint. [D.E. 24.]
Case No. 4:09-CV-05079 PJH

STIPULATION FOR ORDER RELEASING
FUNDS

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3.

On November 18, 2009, the Court entered a preliminary injunction (the

“Injunction”). [D.E. 31.]

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4.

On January 13, 2010, Plaintiffs filed a Second Amended Complaint. [D.E.

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40.]

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Complaint. [D.E. 43.]

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On February 12, 2010, Defendants filed their Answer to Second Amended

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On June 9, 2011, the parties participated in a mandatory settlement

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conference in this matter with Magistrate Judge Jacqueline Scott Corley [D.E. 130],

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wherein the Defendants agreed to stipulate to judgment in the Action and to release to

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Plaintiffs all funds frozen by the Injunction, including a cashier's check drawn on Wells

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Fargo Bank from Defendants to the Los Angeles School District in the amount of

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$8,845.54, which is currently in the possession of Plaintiffs (the “Cashier’s Check”).

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6.

The Cashier’s Check, which was originally obtained by Defendants, was

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returned to Defendants by the payee, the Los Angeles Unified School District, as a

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result of a particular Thai student not attending school as planned. Exhibit A to this

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stipulation contains correspondence from Defendant Advance Cultural Exchange

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Training Corporation and the Los Angeles Unified School District, along with a copy of

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the Cashier’s Check.

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7.

The parties understand that the following banks have frozen funds as of

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the listed dates: Wells Fargo Bank, $55,809.19 as of January 11, 2010; Citibank, N.A.,

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$552.75 as of November 10, 2009; Premier Bank (located at 1875 W. Highway 36,

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Roseville, MN 55113), $1,517.35 as of November 30, 2009. Wells Fargo Bank,

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Citibank, N.A. and Premier Bank are hereinafter referred to as the “Banks.”

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NOW THEREFORE, the parties, through their respective counsel, hereby
stipulate as follows:
1.

The parties request that the Court lift the Injunction and order the Banks to

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release all funds that they are holding due to the Injunction to Plaintiffs, including all

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interest accrued from the date the funds were frozen pursuant to the Injunction; and
Case No. 4:09-CV-05079 PJH

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STIPULATION FOR ORDER RELEASING
FUNDS

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2.

The parties request that the Court order Wells Fargo Bank to treat the

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payee of the Cashier’s Check as Kronenberger Burgoyne, LLP fbo I.E.I. Company,

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Limited. Wells Fargo Bank shall receive, clear, and pay the Cashier’s Check as though

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the Cashier’s Check were payable to Kronenberger Burgoyne, LLP fbo I.E.I. Company.

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STIPULATED AND AGREED TO BY:

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Dated: July 21, 2011

KRONENBERGER BURGOYNE, LLP

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By:

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s/Karl S. Kronenberger
Karl S. Kronenberger

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Karl S. Kronenberger (Bar No. 226112)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs,
I.E.I. COMPANY LIMITED and
INTERNATIONAL EDUCATION, INC.

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Dated: July 21, 2011

LAW OFFICES OF MICHAEL DIETRICK

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By:

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s/ Michael Dietrick
Michael Dietrick

Michael Dietrick
10 Keller Street, Suite 275
Petaluma, CA 94952
Telephone: [phone]
[e-mail]

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Attorney for Defendants,
Advance Cultural Exchange Training
Corporation, Napat Vorapuvadol, Narin
Nathradol, and Supawadee Poondej

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Case No. 4:09-CV-05079 PJH

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STIPULATION FOR ORDER RELEASING
FUNDS

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IT IS SO ORDERED that:
1.

The Injunction is hereby lifted, and the Banks are ordered to release to

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Plaintiffs all funds that they are holding due to the Injunction, payable to Kronenberger

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Burgoyne, LLP fbo I.E.I. Company, including all interest accrued from the date the funds

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were frozen pursuant to the Injunction; and

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2.

Wells Fargo Bank is ordered to treat the payee of the Cashier’s Check as

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Kronenberger Burgoyne, LLP fbo I.E.I. Company, Limited.

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receive, clear, and pay the Cashier’s Check as though the Cashier’s Check were

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payable to Kronenberger Burgoyne, LLP fbo I.E.I. Company.

Wells Fargo Bank shall

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22nd
July
This ____ day of _________, 2011.

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Case No. 4:09-CV-05079 PJH

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STIPULATION FOR ORDER RELEASING
FUNDS

Exhibit A