Abuzeide v. Openroad Auto Group, Inc.

Filing 29

STIPULATION AND ORDER RE THE DEPOSIT OF FUNDS INTO COURT REGISTRY re: sale of Porsche 918 Spyder, by Judge Ricardo S Martinez. (PM) cc: financial deputy

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ANTHONY ABUZEIDE, Special
Administrator for the Estate of Jack Berry
Dane,
Plaintiff,

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No. C17-583 RSM
STIPULATION AND ORDER RE
THE DEPOSIT OF FUNDS INTO
COURT REGISTRY

v.
OPENROAD AUTO GROUP, INC., a
Washington corporation d/b/a BELLEVUE
LAMBORGHINI ROLLS-ROYCE
BENTLEY,
Defendant.

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STIPULATION
This stipulation is entered into by and between the parties, Plaintiff Anthony

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Abuzeide, Special Administrator for the Estate of Jack Berry Dane, and Defendant

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OpenRoad Auto Group, Inc. (“OpenRoad”). This action involves a dispute regarding the

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ownership and the right to possession of a Porsche 918 Spyder, VIN

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WP0CA2A13FS800236 (the “Vehicle”).
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The parties have separately stipulated and agreed that OpenRoad may sell the

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Vehicle under certain conditions. See Dkt. 26. In connection with that stipulation and

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agreement, the parties have further agreed that, if OpenRoad sells the Vehicle, it shall
LAW OFFICES OF

STIPULATION AND ORDER RE THE DEPOSIT OF
FUNDS INTO COURT REGISTRY
(Cause No. 2:17-cv-00583-RSM) – Page 1

MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite 2700
Seattle, Washington 98101-3143
[phone]

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deposit all resulting proceeds (“Sale Proceeds”) into the Court registry within two
business days of receiving such Sale Proceeds, pending resolution of this action. Said
funds may not be disbursed without prior order of this Court.

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The parties have further stipulated and agreed that any payment or distribution of
insurance proceeds from OpenRoad’s insurance for any loss associated with the Vehicle

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occurring during the pendency of this Court’s preliminary injunction, shall be subject to

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the terms of this Stipulation and Order, and shall be deposited into escrow or the registry

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of the Court as if such funds were Sale Proceeds. See Dkt. 26.

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DATED this 24th day of May, 2017.
McNAUL EBEL NAWROT & HELGREN PLLC
By s/ Avi J. Lipman
Robert M. Sulkin, WSBA No. 15425
Avi J. Lipman, WSBA No. 37661
Jehiel I. Baer, WSBA No. 46951
600 University Street, Suite 2700
Seattle, Washington 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
DATED this 24th day of May, 2017.

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SMITH ALLING P.S.

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By s/ Michael E. McAleena Jr.
Michael E. McAleenan Jr., WSBA No. 29426
Matthew C. Niemela, WSBA No. 49610
1501 Dock Street
Tacoma, WA 98402
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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LAW OFFICES OF

STIPULATION AND ORDER RE THE DEPOSIT OF
FUNDS INTO COURT REGISTRY
(Cause No. 2:17-cv-00583-RSM) – Page 2

MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite 2700
Seattle, Washington 98101-3143
[phone]

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ORDER
The Court, having reviewed the above stipulation and the records and files herein,
hereby finds and ORDERS that OpenRoad shall place into the Court registry all proceeds

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generated from the sale, if any, of the Vehicle within two business days of receiving such
proceeds.

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The Court further ORDERS that OpenRoad shall place into the Court registry,

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within two business days of receipt, any payment or distribution of insurance proceeds

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from OpenRoad’s insurance for any loss associated with the Vehicle occurring during the

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pendency of the Court’s preliminary injunction, as if such funds were Sale Proceeds.

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IT IS SO ORDERED this 24th day of May 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT
JUDGE

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Presented by:

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McNAUL EBEL NAWROT & HELGREN PLLC
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By s/ Avi J. Lipman
Robert M. Sulkin, WSBA No. 15425
Avi J. Lipman, WSBA No. 37661
Jehiel I. Baer, WSBA No. 46951

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Attorneys for Defendant

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SMITH ALLING P.S.
By s/ Michael E. McAleenan Jr.
Michael E. McAleenan Jr., WSBA No. 29426
Matthew C. Niemela, WSBA No. 49610
Attorneys for Plaintiff
LAW OFFICES OF

STIPULATION AND ORDER RE THE DEPOSIT OF
FUNDS INTO COURT REGISTRY
(Cause No. 2:17-cv-00583-RSM) – Page 3

MCNAUL EBEL NAWROT & HELGREN PLLC
600 University Street, Suite 2700
Seattle, Washington 98101-3143
[phone]