First American Title Insurance et al v. Northwest Title Insurance Agency et al

Filing 507

ORDER granting in part and denying in part 503 Motion for partial release of garnishment. IT IS HEREBY ORDERED that the funds in the Northwest Chase Bank accounts ending in 1895 and 6068 are not subject to the writ of garnishme nt issued on Chase Bank until at least noon Friday January 27, 2017, provided that funds payable to Northwest Title from those accounts will be disbursed and held separately, accounted to the court and opposing counsel, and may not be used for any pu rpose pending further ruling of the court. If by noon tomorrow, Chase has not filed a response that those accounts are in fact trust accounts, this suspension of the writ will be cancelled and the writ will be in force on those accounts. If, however, such a Chase response is filed the writ suspension shall continue. Signed by Judge David Nuffer on January 26, 2017. (jcw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
FIRST AMERICAN TITLE INSURANCE
COMPANY and FIRST AMERICAN TITLE
COMPANY, LLC,
Plaintiff,

ORDER ON MOTION FOR RELEASE OF
TRUST ACCOUNTS
Case No. 2:15-CV-00229

v.
District Judge David Nuffer
NORTHWEST TITLE INSURANCE
AGENCY, LLC; MICHAEL SMITH; JEFF
WILLIAMS; AND KRISTI CARRELL,
Defendant.

Defendants filed a motion for release of garnishment on trust accounts. 1 Oral argument
was heard. 2
IT IS HEREBY ORDERED that the funds in the Northwest Chase Bank accounts ending
in 1895 and 6068 are not subject to the writ of garnishment issued on Chase Bank until at least
noon Friday January 27, 2017, provided that funds payable to Northwest Title from those
accounts will be disbursed and held separately, accounted to the court and opposing counsel, and
may not be used for any purpose pending further ruling of the court. If by noon tomorrow, Chase
has not filed a response that those accounts are in fact trust accounts, this suspension of the writ
will be cancelled and the writ will be in force on those accounts. If, however, such a Chase
response is filed the writ suspension shall continue.

1

Emergency Ex Parte Motion for Release of Trust Accounts, docket no. 503, filed January 26, 2017.

2

Minute Order, docket no. 505, entered January 26, 2017.

Signed January 26, 2017.
BY THE COURT

________________________________________
District Judge David Nuffer

2