UBS Financial Services, Inc v. Carolyn Garrett et al

Filing 180

ORDERED that the Clerk of Court shall NOT distribute $22,495.34 to UBS as originally ordered by the court on September 15, 2016 (ECF No. 175 ). The Clerk of Court shall instead distribute to UBS a total of $1,126.02 in costs and inte rest from the interpleaded funds deposited by UBS with the court (ECF Nos. 79 , 83 , 93 ). The Clerk of Court shall, after distributing $1,126.02 to UBS, distribute to plaintiff Carolyn Garrett the remaining balance of the interpleaded funds deposited by UBS with the court (ECF Nos. 79 , 83 , 93 ). Signed by Judge Larry R. Hicks on 9/22/2016. (Email (NEF) to Finance.) (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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CAROLYN GARRETT,

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Plaintiff,

3:14-CV-00141-LRH-WGC

v.

ORDER

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GARRETT BULLOCK, DIANN MARTIN,
CATHERINE HINTZEN, JASON GARRETT,
Defendants.

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On September 15, 2016, this court granted former-interpleader UBS’s motion to lift the

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stay on this case in order to (1) enter judgment, (2) distribute to UBS the attorney fees and costs

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previously awarded by the court, and (3) distribute to plaintiff Carolyn Garrett the remainder of

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the interpleaded funds deposited by UBS with the court. ECF No. 175. Accordingly, the court

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directed the clerk of court to distribute $22,495.34 to UBS, which consisted of $20,000.00 in

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attorney fees, $1,396.62 in interest for the fees award, $1,060.00 in costs, and $66.02 in interest

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for the costs award. Interest was calculated at the Nevada statutory rate from the date of each

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award until September 15, 2016.

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Since that order, it has come to the court’s attention that the clerk of court distributed the

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$20,000 attorney-fee award on June 15, 2015, by mailing a check to UBS. The check was

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subsequently deposited. The clerk’s office distributed this check based on the court’s May 28,

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2015 order, granting UBS’s motion for attorney fees. ECF No. 91. The court did specify in its

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July 21, 2015 order that this award would not be paid until the court entered judgment for UBS

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(ECF No. 109); however, by that point, the funds had already been distributed. The court has

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verified that this was the only money distributed to UBS and that it has not yet received its costs

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award.

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Because UBS has already received its attorney-fees award, UBS will only receive a

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disbursement for costs and interest totaling $1,126.02 ($1,060.00 + $66.02). UBS will not

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receive interest on its attorney-fees award because it immediately received the funds after the

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court awarded them.

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IT IS THEREFORE ORDERED that the Clerk of Court shall NOT distribute

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$22,495.34 to UBS as originally ordered by the court on September 15, 2016 (ECF No. 175).

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The Clerk of Court shall instead distribute to UBS a total of $1,126.02 in costs and
interest from the interpleaded funds deposited by UBS with the court (ECF Nos. 79, 83, 93).

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The Clerk of Court shall, after distributing $1,126.02 to UBS, distribute to plaintiff

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Carolyn Garrett the remaining balance of the interpleaded funds deposited by UBS with the court

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(ECF Nos. 79, 83, 93).

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IT IS SO ORDERED.

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DATED this 22nd day of September, 2016.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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