Ross v. Jenkins et al

Filing 175

MEMORANDUM AND ORDER granting 163 Motion for Disbursement of Funds. Signed by District Judge Daniel D. Crabtree on 02/27/2019. (mig)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

KENDRA ROSS,
Plaintiff,
Case No. 17-2547-DDC-TJJ
v.
ROYALL JENKINS, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the court on plaintiff Kendra Ross’s Motion for Disbursement of
Funds (Doc. 163). For reasons explained below, the court grants plaintiff’s Motion.
On May 23, 2018, the court entered default judgment in the amount of about $7.9 million
against defendants Royall Jenkins, The Value Creators, Inc. f/k/a The United Nation of Islam,
Inc., The Value Creators LLC, and The Value Creators, Inc. See Doc. 41. In an effort to collect
her judgment, plaintiff applied for several Writs of Garnishment to various banks; some of those
banks have deposited funds with the court into a non-income-earning and non-interest-bearing
account. Docs. 48, 49, 50, 51, 54, 56, 58, 59, 72, 73, 79, & 82 (Applications for Writs of
Garnishment, Orders issuing Writs of Garnishment, and Orders granting plaintiff’s Motions to
Deposit Funds under Federal Rule of Civil Procedure 67). Specifically, garnishee Bank of
America, N.A. (“Bank of America”) has deposited $5,359.12 with the court.
Now, plaintiff asks the court to disburse to her $3,013.68 of the funds that Bank of
America has deposited into the court’s registry. Plaintiff reports that seven of the nine accounts
at Bank of America—where the deposited funds had originated—have the same four terminal
digits in their account numbers as the accounts maintained by judgment debtor The Value

Creators, Inc. (“Value Creators”). Plaintiff also asserts that the seven accounts have no joint
tenant. Bank of America deposited $3,013.68 from these seven accounts with the court.
Plaintiff represents she will confirm with Bank of America that the other two accounts from
which funds were deposited likewise have no joint tenants. Then, she reports, she intends to
seek disbursement of the remaining funds. Plaintiff also represents that she has notified The
Value Creators of the garnishment action she initiated, but the Value Creators have failed to
respond.
Federal Rule of Civil Procedure 67(b), D. Kan. Rule 67.1(d)(1) and 28 U.S.C. §§ 2041
and 2042 authorize the court to distribute funds that have been deposited with the court. Here,
plaintiff’s judgment remains unsatisfied, and no judgment debtor has responded to plaintiff’s
notice of garnishment from the accounts she has identified as containing the judgment debtors’
funds. The court thus grants plaintiff’s Motion for Disbursement of Funds (Doc. 163).
IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s Motion for
Disbursement of Funds (Doc. 163) is granted.
IT IS SO ORDERED.
Dated this 27th day of February, 2019, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge

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