Marek Jr. v. Toledo Tool & Die Company, Inc.

Filing 20

INCORRECT PDF ATTACHED (See entry 21 )Order: Plaintiff's motion for conditional certification pursuant to 29 U.S.C. §216(b) (Doc. 15 ) be, and the same hereby is denied without prejudice to refiling. Judge James G. Carr on 11/29/17.(C,D) Modified on 11/29/2017 (C,D).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHER DISTRICT OF OHIO
WESTERN DIVISION

Wells Fargo Advisors
Financial Network, LLC,
Case No. 3:17CV368
Plaintiff
v.

ORDER

Paul E. Croy, Trustee, et al.,
Defendants

Telephonic status conference held November 28, 2017, regarding Wells Fargo’s motion to
enforce the Court’s November 1, 2017 order, and defendant Bennett’s emergency motion to require
Wells Fargo to issue a disbursement. (Docs. 30, 31).
Court reporter: Angela Nixon–419-213-5518.
It is hereby
ORDERED THAT:
1.

By December 11, 2017, the parties shall submit a proposed order authorizing plaintiff
Wells Fargo to disburse $198,800 from the I.R.A. at issue in this case:
(a) 20% thereof to defendant Bennett;
(b) sufficient funds to enable defendant Bennett to pay the personal income tax
liability resulting from the distribution of the amount in excess of $100,000; and
(c) the remainder to the charities; and

(d) in the event that the Internal Revenue Service determines that defendant Bennett
was personally liable for such tax payments, obligating him, or, if he be deceased, his
estate, to reimburse the charities in the amount received by him from the IRA to
enable him to make such tax payments.
2.

Pending motions (Docs. 30, 31) are denied as moot without prejudice.

So ordered.1
/s/ James G. Carr
Sr. U.S. District Judge

1

For further information re. this Court’s case management preferences, see:
http://www.ohnd.uscourts.gov/home/judges/judge-james-g-carr/civil-cases-case-management-pro
cedures/