United States of America v. Federal Resources Corporation

Filing 188

ORDER RE: SEQUESTRATION OF FUNDS AND RE: ESTABLISHMENT OF COURT REGISTRY ACCOUNT re #184 Stipulation, filed by United States of America. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
UNITED STATES OF AMERICA,

)
)
Plaintiff and
)
Counterclaim-Defendant, )
)
v.
)
)
FEDERAL RESOURCES CORP.,
)
BLUM REAL ESTATE TRUST;
)
BENTLEY J. BLUM, in his
)
capacity as Trustee of the Blum
)
Real Estate Trust
)
)
Defendants and
)
Counterclaimant.
)
____________________________________)

No. 2:11-cv-00127-BLW

ORDER
RE: SEQUESTRATION
OF FUNDS AND RE:
ESTABLISHMENT OF
COURT REGISTRY ACCOUNT

The above-entitled cause having come before the Court upon the Stipulation and
Proposed Order re: Sequestration of Funds and re: Establishment of Court Registry Account
pursuant to Fed. R. Civ. P. 67 and L. Civ. R. 67.1, and the Court having considered the motion,
NOW, THEREFORE IT IS HEREBY ORDERED that the Stipulation and Proposed
Order re: Sequestration of Funds and re: Establishment of Court Registry Account (docket no.
184) is incorporated fully herein by reference and APPROVED.
IT IS FURTHER ORDERED that the Clerk of the Court invest the amounts received
pursuant to the Stipulation in an automatically renewable type of account or instrument (i.e., time
certificate, treasury bill, or passbook account), in the name of the Clerk of the Court, U.S.
District Court, at (name of bank, savings and loan, brokerage house, etc.) said funds to remain
invested pending further order of the Court.

IT IS FURTHER ORDERED that the Clerk of the Court must deduct a fee from the
income earned on the investment equal to ten percent (10%) of the income earned while the
funds are held in the Court’s registry fund regardless of the nature of the case underlying the
investment and without further order of the Court. The interest payable to the U.S. Courts must
be paid prior to any other distribution of the account. Investments having a maturity date will be
assessed the fee at the time the investment instrument matures. However, the fee deducted from
any funds to be received by the United States shall be restored pursuant to the Notice of the
Administrative Office of the United States Court published at 56 Fed. Reg. 56356-01 (November
4, 1991).
IT IS FURTHER ORDERED that counsel presenting this Order personally serve a copy
thereof on the Clerk of the Court or his or her financial deputy.
IT IS FURTHER ORDERED that payments into the Court Registry pursuant to the
Stipulation shall be by certified or bank check made payable to the “Clerk, United States District
Court.” The check shall include on its face the terms, United States v. Federal Resources
Corporation et al, Civil Action No. 11-CV-127-BLW, and a copy of the payment document shall
be sent to counsel for the United States.
IT IS FURTHER ORDERED that all funds deposited pursuant to this Order shall not be
disbursed or withdrawn by any person except in accordance with the terms of the Stipulation,
and pursuant to a further order of this Court.

DATED: April 24, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court