Bond Safeguard Insurance Company v. Jimmy Camp Development, Inc. et al

Filing 69

ORDER RE: GARNISHMENT OF WELLS FARGO PARTIAL RESOLUTION. By Judge Christine M. Arguello on 4/5/2013.(cmacd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-02547-CMA-KLM
BOND SAFEGUARD INSURANCE COMPANY,
Plaintiff,
v.
JIMMY CAMP DEVELOPMENT, INC.,
a/k/a JIMMY CAMP DEV., INC., a/k/a JIMMY CAMP, LLC,
ALLEN D. VAN WHYHE,
CARY L. CARPENTER, and
GEORGE KRAMER,
Defendants.

ORDER RE: GARNISHMENT OF WELLS FARGO – PARTIAL RESOLUTION

The Court, having reviewed the Stipulated Verified Motion For Partial Resolution
of Garnishment Issues Between Plaintiff and Cumberland Green Metropolitan District
(“Motion”) (Doc. # 65), and being fully advised of the premises, ORDERS that the
Motion is GRANTED.
1.

Wells Fargo is currently holding $312,612.33 of funds in an account of the

Cumberland Green Metropolitan District (“District”) as a result of Wells Fargo's Answer
to a writ of garnishment (“writ”) filed with the Court on March 7, 2013.
2.

$200,000.00 of the $312,612.33 referred to in the preceding paragraph is

hereby released from the impact of the writ so that the District will satisfy its obligation to

provide the unencumbered $200,000.00 reserve fund described in the Motion, and the
funds shall be used for no other purpose.
3.

As of the time of the filing of the Motion, the said $200,000.00 shall be

considered unencumbered by the writ.
4.

Wells Fargo shall continue to hold the remaining funds in the account

for the District maintained at Wells Fargo until it receives further Orders of this Court.
5.

Upon receipt of this Order, the District shall immediately inform Wells

Fargo of its entry.
DATED: April

05

, 2013
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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