MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Filing 174

MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Doc. 174

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) INTER-CITY MTG. CORP, et al., ) ) Defendants. ) ) BETTY B. MURCHISON,

Case No. 1:98CV00436 (RWR/DAR)

PLAINTIFF'S MOTION FOR AN ORDER SETTING A DEADLINE FOR FILING AN ACCOUNTING FOR THE CENTRAL AVENUE JOINT VENTURE

Plaintiff Betty B. Murchison hereby moves that the Court establish a deadline or other procedural requirements directing compliance by defendant George Murchison with the Court's June 12, 2007 Final Order (#232), that George Murchison "provide to

plaintiff an accounting of the Murchison, Murchison and Ricks Partnership assets with a final statement of receipts and

disbursement of that partnership prepared in a customary format using generally accepted accounting practices."

1

Dockets.Justia.com

POINTS AND AUTHORITIES IN SUPPORT OF MOTION

1.

The Murchison, Murchison and Ricks Partnership (also

known as the "Central Avenue Joint Venture") was dissolved by the death of John Murchison, Jr., a partner, on October 29, 1994, more than 12 years ago. Plaintiff has been entitled to a final

accounting of the Partnership from defendant George Murchison at all times since dissolution, but has not received the accounting.

2. years ago.

This action was filed on February 19, 1998, more than 9 Count V of the complaint sought an accounting for the

Central Avenue Joint Venture.

3.

By Final Order filed June 12, 2007 (#232) the Court

granted judgment to plaintiff on Count V, and ordered defendant George Murchison "to provide to plaintiff an accounting of the Murchison, Murchison and Ricks Partnership assets with a final statement of receipts and disbursement of that partnership prepared in a customary format using generally accepted accounting

practices."

4.

George Murchison has not provided plaintiff with an

accounting of the Murchison, Murchison and Ricks Partnership assets with a final statement of receipts and disbursement of that

partnership prepared in a customary format using generally accepted accounting practices. 2

5. (#232). final.

The Court has not stayed its June 12, 2007 Final Order George Murchison has not complied that order, which is

WHEREFORE, deadline, and

plaintiff such other

prays

that

the

Court as the

set

a

30-day deems

requirements

Court

appropriate, for George Murchison to comply with the provisions of the June 12, 2007 Final Order (#232) applicable to the Murchison, Murchison and Ricks Partnership (the Central Avenue Joint Venture).

/s/ BARDYL R. TIRANA, 046631 3 Washington Avenue South Nyack, NY 10960-4713 [phone] Attorney for Betty B. Murchison

3

CERTIFICATE OF SERVICE

I hereby certify that on this 26th day of September, 2007, copies of the foregoing Plaintiff's Motion for an Order Setting a Deadline for Filing an Accounting for the Central Avenue Joint Venture, and the annexed proposed order, were served electronically on all counsel of record.

/s/ Bardyl R. Tirana

4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) INTER-CITY MTG. CORP., et al.,) ) Defendants. ) ) BETTY B. MURCHISON,

Case No. 1:98CV00436 (RWR/DAR)

ORDER SETTING A DEADLINE FOR FILING AN ACCOUNTING FOR THE CENTRAL AVENUE JOINT VENTURE

Upon consideration of Plaintiff's Motion for an Order Setting a Deadline for Filing an Accounting for the Central Avenue Joint Venture, and of the record in this case, it is by the Court this day of , 2007,

ORDERED, that within 30 days of the filing of this Order, defendant George Murchison shall fully comply with that part of the Court's Final Order filed June 12, 2007 (#232) requiring that George Murchison "provide to plaintiff an accounting of the

Murchison, Murchison and Ricks Partnership assets with a final statement of receipts and disbursement of that partnership prepared in a customary format using generally accepted accounting

practices."

/s/ RICHARD W. ROBERTS United States District Judge

Serve: Bardyl R. Tirana, Esq. 3 Washington Avenue South Nyack, NY 10960-4713 Charles Saunders, Esq. 4908 Flower Valley Drive Rockville, MD 20853 Claude Roxborough, Esq. 1519 Pennsylvania Avenue, S.E. Washington, D.C. 20003