Findling v. United States of America Department of Treasury, Internal Revenue Service et al

Filing 56

AMENDED ORDER granting defendant Linda Thursfield's Emergency MOTION for Release of Funds from Receiver and taking under advisement requests for attorney's fees, to hold Receiver in Contempt and to Remove Receiver 51 Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID FINDLING, in his Capacity as State-Court Appointed Receiver, Plaintiff, Case No. 17-CV-13560 HON. GEORGE CARAM STEEH vs. UNITED STATES OF AMERICA, DAVID W. THURSFIELD, and LINDA J. THURSFIELD, Defendants. _____________________________/ AMENDED ORDER GRANTING DEFENDANT LINDA THURSFIELD’S EMERGENCY MOTION FOR RELEASE OF FUNDS FROM RECEIVER AND TAKING UNDER ADVISEMENT REQUESTS FOR ATTORNEY’S FEES, TO HOLD RECEIVER IN CONTEMPT AND TO REMOVE RECEIVER [ECF NO. 51] This matter comes before the court on defendant Linda Thursfield’s emergency motion for release of funds from receiver, contempt and removal of receiver. The parties appeared before the court, and the court heard oral argument on the motion on October 4, 2018. For the reasons stated on the record, the court grants defendant’s motion in part and orders the receiver to pay Linda Thursfield the $7,000 withheld in violation of the court’s order requiring him to “pay all future funds as they are received. . . .” (ECF No. 43) This payment shall be made forthwith. The court takes -1- defendant’s requests for her attorney’s fees, to find the receiver in contempt and for removal of the receiver under advisement and will rule on such requests if it becomes necessary. Now, therefore, IT IS HEREBY ORDERED that defendant Linda Thursfield’s emergency motion for release of funds from receiver is GRANTED. IT IS HEREBY FURTHER ORDERED that defendant’s requests for her attorney’s fees, to hold receiver in contempt and to remove receiver are taken under advisement. So ordered. Dated: October 11, 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 October 11, 2018, by electronic and/or ordinary mail. s/Marcia Beauchemin Deputy Clerk -2-

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