United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada

Filing 85

ORDER. The Clerk of Court shall issue a check in the amount of $1,020,000.00 made payable to the Law Offices of Kermitt L. Waters and that the same shall be released to the Law Offices of Kermitt L. Waters, forthwith. (See order for additional details.) Signed by Judge Miranda M. Du on 3/9/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:15-cv-01743-MMD-NJK Document 81 Filed 03/03/16 Page 1 of 2

1 LAW OFFICES OF KERMITT L. WATERS
Kermitt L. Waters, Esq., Bar No. 2571
2 [e-mail]
Charles E. Springer, of Counsel, Bar No. 1019
3 James J. Leavitt, Esq., Bar No. 6032
[e-mail]
4 Michael A. Schneider, Esq., Bar No. 8887
[e-mail]
5 Autumn L. Waters, Esq., Bar No. 8917
[e-mail]
6 704 South Ninth Street
Las Vegas, Nevada 89101
7 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Defendant
9 GROOM MINE LANDOWNERS
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

12 UNITED STATES OF AMERICA,
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Plaintiffs,

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vs.

15 400 ACRES OF LAND, MORE OR LESS,
SITUATE IN LINCOLN COUNTY, STATE OF
16 NEVADA; and JESSIE J. COX., et al.
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Defendant.

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Case No.: 2:15-cv-01743-MMD-NJK

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ORDER TO RELEASE FUNDS
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Defendant Landowners’ Motion to Release Funds on Deposit, the United States’ Response
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to Certain Landowners’ Motion to Release Funds on Deposit and the Defendant Landowners’ Reply
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in Support of Motion to Release Funds on Deposit having come before this Court and after reading
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the pleadings and papers submitted therewith the Court hereby finds that the moving defendants have
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demonstrated that eighty five percent (85%) of the deposit should be distributed to the moving
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defendants. Therefore, the Defendants’ Motion to Release Funds on Deposit is GRANTED.
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Accordingly, it is hereby ORDERED that:
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1)

The Clerk of Court shall issue a check in the amount of One Million Twenty Thousand

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Dollars ($1,020,000.00) made payable to the Law Offices of Kermitt L. Waters and that the
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Case 2:15-cv-01743-MMD-NJK Document 81 Filed 03/03/16 Page 2 of 2

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same shall be released to the Law Offices of Kermitt L. Waters, forthwith.
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Upon disbursement of said funds:

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(a) The moving Defendants shall be liable for any valid claims by other interested parties

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if it is ultimately determined that the moving Defendants are entitled to less than the amount

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disbursed, and if so the moving Defendants shall return the difference to the Court with

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interest; and

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(b) The moving Defendants shall pay and discharge in full all taxes, assessments, liens and

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encumbrances against the property in existence as of the date of taking.

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(c) The United States shall be held harmless from the claims of any and all parties having

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liens or encumbrances and any other parties who may be entitled to the distributed funds or

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any part thereof by virtue of any recorded or unrecorded agreement.

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IT IS SO ORDERED

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UNITED STATES DISTRICT JUDGE
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March 9, 2016
DATED:_______________________

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Respectfully Submitted by:

Approved as to Content and Form:

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LAW OFFICES OF KERMITT L. WATERS

UNITED STATES OF AMERICA
DANIEL G. BODEN
United States Attorney

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By:
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/s/ Autumn Waters
KERMITT L. WATERS, ESQ.
JAMES JACK LEAVITT. ESQ.
MICHAEL A. SCHNEIDER. ESQ.
AUTUMN WATERS, ESQ.

/s/ Georgia Garthwaite
GEORGIA GARTHWAITE, ESQ.

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GUNDERSON LAW FIRM

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/s/ John R. Funk
MARK H. GUNDERSON, Esq.
JOHN R. Funk, Esq.

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