Homefirst Inc. et al v. Always There Home Care, Inc. et al

Filing 31

ORDER for Deposit of Funds per letter request (ct. doc. 16).(modifying and replacing prior order) Ordered by Magistrate Judge Marilyn D. Go on 3/20/2009. (DeVeaux, Yvonne)

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ja UNITED EASTERN ............................................................. STATES DISTRICT DISTRICT OF NEW COURT YORK " ............ X HOMEFIRST HOME CARE INC., METROPOLITAN INC., FIRST TO CARE JEWISH HOME HOME CARE GERIATRIC and MJGC CARE JEWISH HOME CARE SHOREFRONT d/b/a LONG M.J.G. MJGC TERM CENTER, HOME INC., INC., - CARE HEALTH NURSING HOME METROPOLITAN COMPANY, JEWISH HOSPICE, MARY'S and KIDS PROGRAM, INC., d/b/a OLOM HOME CARE, INC., d/b/a HOME JEWISH CARE FOR HEALTH ST. METROPOLITAN METROPOLITAN SYSTEM, INC., Plaintiffs, Civil Case ORDER No. 08-01699 -againstALWAYS THERE HOME CARE, INC., MARIAN CARE, INC., CHARLES ZIZI, FLORIDA CORPORATE STATES FUNDING, INC., UNITED OF THE TREASURY - (SJ/MDG) DEPARTMENT REVENUE INTERNAL SERVICE, NEW YORK STATE OF LABOR, NEW YORK STATE DEPARTMENT OF HEALTH, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, and NEW YORK STATE ATTORNEY GENERAL, DEPARTMENT GO, Magistrate The Judge: the Court, having considered it is arguments of counsels for the parties and upon all prior pleadings filed, hereby that Plaintiffs within ORDERED, twenty (20) days after Court service of this Order, shall to be deposit paid the as with the Clerk of United States District the collective sum of $940,041.94 Home follows: HomeFirst, First Inc., the to sum of $196,938.80; Metropolitan Care Jewish Care Inc., sum of $529,018.13; Center Care Home Inc., the Said sums sum of $25,674.38 the and Shorefront Jewish Geriatric the sum of $188,410.63. being subject of this interpleader action, and it is further ORDERED, that upon the deposit of the sum of $940,041.94, the plaintiffs are discharged from further liability with respect to said sum, and it is further ORDERED, that each defendant shall, within twenty (20) days of the date of this order, file an answer, if it has not previously filed an answer with this court after this action was removed from state court, and if any answer filed does not sufficiently set forth said defendant's claims with respect to the monies deposited pursuant to this order, the defendant must also file statement of its claims with respect to the monies deposited; and it is further ORDERED, that the Clerk of the Court shall, as soon as practicable, prepare the necessary forms to effectuate the transfer of said funds from the Registry of this Court to an interest bearing account; and it is further ORDERED, that the Clerk of the Court shall deduct from the income earned on the investment a fee not exceeding that authorized by the Judicial Conference of the United States and set by the Director fo the Administrative Office of the U.S. Courts whenever such income becomes available for deduction from the investment so held and without further order of this Court. This Order is deemed served on the parties appearing herein as of the date that this is filed electronically. See Fed. R. Civ. P. 5(b)(2)(E). Counsel for plaintiffs must serve a copy of this Order upon Charles Zizi by mail to his current address or personal delivery and upon the Clerk of the Court and on a Financial Deputy in the Clerk's Office prior to depositing the funds. Nothing in this Order shall be construed as limiting the liability of any of the plaintiffs with respect to other claims brought against a plaintiff or plaintiffs by any defendants herein for any sums in addition to the amounts deposited pursuant to this Order. Dated: Brooklyn, New York March 20, 2009 /s/ Marilyn D. Go U.S. Magistrate Judge

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