Potter v. Robert Burney ILIT et al

Filing 142

Judgment and Order to Disburse Funds. Signed on 07/11/2011 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MARK POTTER,

) Case No.: CV 10-0124 BR

)
Plaintiff,

) JUDGMENT

)
v.
HELEN E. CAVALETTO, et. aI.,
Defendants'
v.
THOMAS CROSSWHITE AND BARBARA
CROSSWHITE,
Defendants-Intervenors.

) AND ORDER TO DISBURSE FUNDS
)
)
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)
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)
)
)
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)
)

This action was determined on summary judgment and by stipulation of the parties,
and the following decision was reached:
Intervenor Defendants Thomas Crosswhite and Barbara Crosswhite are dismissed
from this action with prejudice, judgment is entered in favor of Defendants CC Equity, Inc.,
CC Financial, Inc., and MFI Consultants, Inc. against Thomas Crosswhite and Barbara
Crosswhite, jointly and severally, for costs and attorney fees for which Defendants CC
(9018-07-00071952-2)

i-JUDGMENT

Equity, Inc., CC Financial, Inc., and MFI Consultants, Inc. may submit future application.
Plaintiff, Mark Potter, trustee, has deposited with the Court all funds remaining in
trust for any of the defendants to this action. Therefore, plaintiff is dismissed from this
action and discharged from liability for any claims by the defendants to the funds deposited
with the Court. All defendants are enjoined from initiating or prosecuting any claims
against plaintiff for any portion of the funds deposited with the Court.
The remaining defendants resolved this matter by settlement, each agreeing to
receive a proportionate share, if any, of the funds held by the Court, their respective
proportionate shares being listed in the table below.
The Clerk of the Court is therefore ordered to distribute the principal funds
deposited with the Court during the pendency of these proceedings to the person or entity
at the address specified below as follows:

DEFENDANT:

AMOUNT TO BE
DISBURSED:

Ann Burney

$1,339.95

Helen E Cavaletto

$9,379.63

Barbara J Churchman

$14,069.45

Fred Farah

$46,898.17

Donna Forell

{901S·07 ·00071952·2j

2 -JUDGMENT

$1,339.95

ADDRESS:
Ann Burney
101 Lakeview Dr.
Hamilton, GA 31811
Helen Cavaletto
4031 Price Road
Somis, CA. 93066
Barbara Churchman
230 Calle Higuera
Camarillo, CA. 93010
Fred Farah
c/o Michael Wise
800 Jackson Tower
806 SW Broadway
Portland, OR. 97205
Donna Forell
1305 Green Tree Road
Lake Oswego, OR. 97034

Millard Forell

$6,699.74

Richard Gould

$33,498.69

Elva J Gould

$22,779.11

Gabriele M Hertrich

$68,337.33

Barton J Hull

$4,689.82

Sue Hull

$4,689.82

Robert W Hunter

$5,359.79

David Petit

$334.99

Mary Beth Strom

$6,699.74

Norman D Tucker

$334.99

Sami Tucker

$334.99

CC Financial, Inc.

CC Equity, Inc.
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3 -JUDGMENT

$226,786.12

$8,039.69

Millard Forell
1305 Green Tree Road
Lake Oswego, OR. 97034
Richard Gould
P.O. Box 637
Redmond, OR. 97756-0137
Elva Gould
P.O. Box 637
Redmond, OR. 97756-0137
Gabriele Hertrich
P. O. Box 505
Sandy, OR. 97055
Barton J. Hull
9332 Longview Drive
Ventura, CA. 93004
Susan Hull
1821 Mariposa Way
Brentwood,CA.94513
Robert Hunter
2727 Waverly Drive
Los Angeles, CA. 90039
David Petit
4853 N. Clubhouse Drive
Somis, CA. 93066
Mary Beth Strom
11604 Quail Village Way
Naples, FL. 34119
Norman Tucker
3529 Lavina Dr.
Forest Grove, OR. 97116
Sami Tucker
4106 Buck Brush Lane
Lake Oswego, OR. 97035
CC Financial, Inc.,
c/o Corey Tolliver
Powers, McCulloch & Bennett
1300 SW 5th Ave, Suite 1720
Portland, OR 97201
CC Equity, Inc.,
c/o Corey Tolliver
Powers, McCulloch & Bennett
1300 SW 5th Ave, Suite 1720
Portland, OR 97201

MFI Consultants, Inc.

$0.00

Deloris Grossen

$0.00

Total:

MFI Consultants, Inc.,
Powers, McCulloch & Bennett
1300 SW 5th Ave, Suite 1720
Portland, OR 97201
Deloris Grossen
8320 SW Canyon Dr.
Portland, OR. 97225

$461,611.97
The Clerk of the Court is further ordered to distribute all accrued interest to

defendant CC Equity, Inc.'s attorneys' trust account, after deducting a ten percent (10%)
Registry Fee, made payable to Powers, McCulloch & Bennett Client Trust Account, 1300 SW
5th Ave., Ste., 1720, Portland, OR 97201. CC Equity, Inc., by and through its attorneys,
Powers, McCulloch & Bennett, LLP, is ordered to further disburse the accrued interest to
the remaining defendants in the same proportion as the Court distributed the principal
amount above.

DATED:

~ lit U vI
nna Brown
DISTRICT JUDGE

Approved as to form:
MARY L. MORAN, Clerk of Court

YFinancHl1 Adininistrator

(9018-07-00071952-2j

4-JUDGMENT