Findling v. United States of America Department of Treasury, Internal Revenue Service et al
ORDER granting in part and denying in part 42 United States' Emergency Motion to Stay of Order of Distribution of Interpleaded Funds. Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
DAVID FINDLING, in his
Capacity as State-Court
Case No. 17-CV-13560
HON. GEORGE CARAM STEEH
UNITED STATES OF AMERICA,
DAVID W. THURSFIELD, and
LINDA J. THURSFIELD,
ORDER GRANTING IN PART AND DENYING IN PART
UNITED STATES’ EMERGENCY MOTION FOR A STAY OF
ORDER OF DISTRIBUTION OF INTERPLEADED FUNDS [ECF DOC. 42]
On June 28, 2018, this court entered an order of granting defendant
Linda Thursfield’s motion for summary judgment and for immediate relief
[ECF Doc. 37]. Pursuant to that order, on July 12, 2018, the court entered
an order for payment of interpleaded funds [ECF Doc. 40]. In that order,
the court directed that the funds deposited with the registry of the court in
this interpleader action be paid to Linda Thursfield. On July 12, 2018,
before the actions directed by the order of payment were executed, the
United States filed an emergency motion for a stay of order of distribution
of interpleaded funds. On July 13, 2018, the court held a telephone
conference with the parties on the record, addressing the emergency
motion for stay. The government proposed entry of a stay to allow time to
consider whether or not to pursue an appeal with the agreement that would
allow the disbursement of $50,000 of the interpleaded funds to Mrs.
Thursfield and an order directing the Receiver to disburse monthly receipts
to Mrs. Thursfield as they are received.
Pursuant to the court’s ruling on the record, a stay will be entered in
the case to give the government an opportunity to determine whether it will
take any further actions with regard to the court’s judgment. In addition, the
order for payment of interpleaded funds will be amended to authorize
disbursement of half of the principal to Mrs. Thursfield, while retaining the
balance in an interest-bearing account with the registry of the court.
Finally, the Receiver is directed to pay to Mrs. Thursfield the funds currently
in his possession, approximately $52,000.00, as well as to pay all future
amounts as they are received by him.
Now, therefore, for the reasons stated on the record, the United
States’ Emergency Motion for a Stay of Order of Distribution of
Interpleaded Funds is Granted in Part and Denied in Part, as provided
IT IS HEREBY ORDERED that the interpleader case is STAYED until
further order of the court.
IT IS HEREBY FURTHER ORDERED that the Receiver is directed to
pay to Linda Thursfield the funds in his possession, approximately
$52,000.00, as well as to pay all future funds as they are received by the
IT IS HEREBY FURTHER ORDERED that upon a material change in
circumstances requiring a modification of this Order or the Amended Order
for Payment of Interpleaded Funds entered this date, the court shall be
notified immediately by the parties.
Dated: July 13, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 13, 2018, by electronic and/or ordinary mail.
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