Sampson v. Schenck et al

Filing 855

FINAL ORDER OF GARNISHMENT: This matter is before the Court on the plaintiffs' calculations of each plaintiff's pro-rata share of the garnishee liability of St. Paul Fire and Marine Company a/k/a/ The Saint Paul Travelers Companies, Inc. ( "St. Paul" or "garnishee"), Filing No. 854 in Sampson v. Schenk, No. 8:07cv155 ("Sampson") and Filing No. 802 in Livers v. Schenk, No. 8:08cv107 ("Livers"). There has been no response to the motion. The plain tiffs have unsatisfied judgments against David Kofoed (Sampson, Filing No. 783; Livers, Filing No. 727). The matter has been heard on plaintiffs' motions for money judgments and orders of garnishment (Sampson, Filing No. 838; Livers, Filing N o. 789). The Court has determined that garnishee St. Paul is in possession of property of the judgment debtor in that a St. Paul policy provides coverage for Kofoed's acts (Sampson, Filing No. 853; Livers, Filing No. 801). Pursuant to the Mem orandum and Order dated November 30, 2016, Filing No. 853 in Sampson and Filing No. 801 in Livers, IT IS ORDERED that garnishee St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., shall pay into the c ourt the sum of $5,000,000.00 to be paid to the plaintiffs as follows: $1,643,500.00 to plaintiff Nicholas Sampson and $3,356,500.00 to plaintiff Matthew Livers. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to Financial Specialist) (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS SAMPSON,
Plaintiff,

8:07CV155

v.
DAVID W. KOFOED, in his official and
individual capacities
FINAL ORDER OF GARNISHMENT
Defendant,
v.
ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, also known as THE SAINT
PAUL TRAVELERS COMPANIES, INC.,
Garnishee.
_________________________________
MATTHEW LIVERS,
Plaintiff,

8:08CV107

v.
DAVID W. KOFOED, in his official and
individual capacities
Defendant,
v.
ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, also known as THE SAINT
PAUL TRAVELERS COMPANIES, INC.,
Garnishee.

FINAL ORDER OF GARNISHMENT

This matter is before the Court on the plaintiffs’ calculations of each plaintiff’s
pro-rata share of the garnishee liability of St. Paul Fire and Marine Company a/k/a/ The
Saint Paul Travelers Companies, Inc. (“St. Paul” or “garnishee”), Filing No. 854 in
Sampson v. Schenk, No. 8:07cv155 (“Sampson”) and Filing No. 802 in Livers v.
Schenk, No. 8:08cv107 (“Livers”). There has been no response to the motion.
The plaintiffs have unsatisfied judgments against David Kofoed (Sampson, Filing
No. 783; Livers, Filing No. 727). The matter has been heard on plaintiffs’ motions for
money judgments and orders of garnishment (Sampson, Filing No. 838; Livers, Filing
No. 789).

The Court has determined that garnishee St. Paul is in possession of

property of the judgment debtor in that a St. Paul policy provides coverage for Kofoed’s
acts (Sampson, Filing No. 853; Livers, Filing No. 801).
Pursuant to the Memorandum and Order dated November 30, 2016, Filing No.
853 in Sampson and Filing No. 801 in Livers,
IT IS ORDERED that garnishee St. Paul Fire and Marine Insurance Company,
also known as The Saint Paul Travelers Companies, Inc., shall pay into the court the
sum of $5,000,000.00 to be paid to the plaintiffs as follows: $1,643,500.00 to plaintiff
Nicholas Sampson and $3,356,500.00 to plaintiff Matthew Livers.
DATED this 30th day of December, 2016.
BY THE COURT:
s/Joseph F. Bataillon
Senior United States District Judge

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