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)
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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