NPF Franchising, LLC v. SY Dawgs, LLC

Filing 285

Memorandum Opinion and Order granting Interested Parties' Motion to Release and Order Disbursement of Cash Deposit Supersedeas Bond to Defendants in Satisfaction of Judgment Against the Individual Attorneys (Related Doc # 279 ). Judge Donald C. Nugent on 8/4/2022. (M,S)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

NPF FRANCHISING LLC,

CASE NO. 1:18 CV 277

Plaintiff,
JUDGE DONALD C. NUGENT

V.

Magistrate Judge William H.Baughman,Jr.
SYDAWGS,LLC,

MEMORANDUM OPINION

AND ORDER
Defendants.

This matter is before the Court on the Motion ofInterested Parties J. Patrick Allen,

Kathryn B. Fox, Rick A. Waltman, Tracy A. Warren, and Buchalter, A Professional Corporation,
to Release and Order Disbursement of Cash Deposit Supersedeas Bond to Defendants in

Satisfaction of Judgment Against the Individual Attorneys. (Docket #279.) The Motion is
GRANTED as follows:

Pursuant to this Court's Order dated Jime 25,2021 (Docket #271),the Clerk is hereby

authorized and directed to withdraw the $313,000 principal plus all interest accrued less the
CRIS fee ofan annualized 10 basis points on assets on deposit for all CRIS funds for the
management ofinvestments in CRIS. The CRIS fee is assessed from interest earnings to the pool
before a pro rata distribution of earnings is made to court cases.

The Clerk is authorized and directed to draw a cheek on the funds deposited in the
registry ofthis Court in the principal amount of$313,000 plus all accrued interest, less any
statutory users fee, payable to "JOEL BARTSCH" and mailed or delivered to Defendants' care of
"WILLIAM M. HARTER,FROST BROWN TODD LLC, 10 WEST BROAD STREET SUITE
2300, COLUMBUS OHIO 43215."

Upon the Clerk's distribution ofthe above deposit to Defendants, the Memorandum
Opinion(Docket #262) and Judgment(Docket #263) against the Individual Attorneys in favor of

Defendants will be and is fully and completely satisfied and released ofrecord, and the Clerk is
hereby authorized and directed to make an entry ofthe full and complete satisfaction on the
docket of said Judgment and Memorandum Opinion as against the Individual Attorneys.
Defendants are not restricted from pursuing any remaining claims they may have against
Buchalter, nor does this Order restrict Defendants' ability to seek fees and costs from the
Individual Attorneys related to proceedings in the Court of Appeals pursuant to Rule 38 ofthe
Appellate Rules of Civil Procedure, 28 U.S.C. §1912 and/or 28 U.S.C. §1927.
IT IS SO ORDERED.

iJrmtl t.
DONALD C. NUGENT /

7

Senior United States Dis(ti ict Judge
DATED:

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