Wayfarer Aviation, Inc. v. Halsey McLean Minor Revicabke Tryst U/A/D 11/2/2004, The

Filing 67

ORDER by Judge Maria-Elena James granting 56 Motion to Enforce Judgment (cdnS, COURT STAFF) (Filed on 8/16/2012) (Additional attachment(s) added on 8/16/2012: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 WAYFARER AVIATION, INC., nka WAI LIQUIDATING CO., INC., Plaintiff/Judgment Creditor, 13 14 15 16 17 No. C 10-00165 CRB [Proposed] v. THE HALSEY MCLEAN MINOR REVOCABLE TRUST U/A/D 11/2/2004, CHARGING ORDER Defendant/Judgment Debtor. _______________________________________/ 18 19 20 Upon review of Plaintiff’s Application For Order Charging Defendant/Judgment Debtor’s Interests In Partnerships, and for good cause shown, said Motion is hereby granted. 21 Pursuant to Cal Code Civ Proc § 708.310, the Court orders that the interest of the defendant 22 and judgment debtor, The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, in any of the 23 following partnerships (“Parties Being Charged”) is hereby charged and shall be applied toward 24 satisfaction of the Judgment entered on March 24, 2011, against The Halsey McLean Minor 25 Revocable Trust U/A/D 11/2/2004 and in favor of the plaintiff and judgment creditor, Wayfarer 26 Aviation, Inc., nka WAI Liquidating Co., Ltd. (“Wayfarer”), in the amount of $608,619.55 (dckt. 27 28 CHARGING ORDER 1 1 no. 38). The charging order shall include The Halsey McLean Minor Revocable Trust U/A/D 2 11/2/2004’s interests in: * Accel Internet Fund III LP Mailing Address: 428 University Avenue Palo Alto, CA 94301 3 4 5 Accel Internet Fund III LP Business Address: One Palmer Square Princeton, NJ 08542 6 7 8 * Attractor QP LP Business and Mailing Address: 1440 Chapin Aveue Burlingame, CA 94010 * Benchmark Founders Fund IV-X LP Business and Mailing Address: 2480 Sand Hill Road, Suite 200 Menlo Park, CA 94025 * Enterprise Products Partners L.P. Business and Mailing Address: 1100 Louisiana, 10th Floor Houston, TX 77002 71338 * Redpoint Technology Partners Q-1 LP Business and Mailing Address: 3000 Sand Hill Road, Building 2, Suite 290 Menlo Park, CA 94025 * USVP VI Affiliates Fund, L.P. Business and Mailing Address: 2735 Sand Hill Road Menlo Park, CA 94025 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Pursuant to Cal Corp Code § 16504(a), the Court specifically charges the assignable 24 interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 in the Parties Being 25 Charged to satisfy the Judgment in this case. 26 Pursuant to Cal Corp Code § 16504(b), this charging order constitutes a lien on the 27 assignable interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 in the Parties 28 CHARGING ORDER 2 1 Being Charged. The court may order a foreclosure on the interests subject to this charging order at 2 any time. 3 The Court further orders that no distribution of income of any kind or any kind of income 4 being revenue, profits, distributions or proceeds from the sale of the Parties Being Charged 5 hereinbefore identified, whether it be real or personal property, fixtures, intangible property, 6 income, revenue, profits or proceeds be disbursed to The Halsey McLean Minor Revocable Trust 7 U/A/D 11/2/2004, unless and until the Judgment balance, together with interest and costs, is paid to 8 Wayfarer. 9 The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 10 shall account to Wayfarer upon Wayfarer’s request an accounting of the The Halsey McLean 11 Minor Revocable Trust U/A/D 11/2/2004’s interest in the Parties Being Charged, and shall further 12 account to Wayfarer for any monies, property, goods and effect due and owing, or to be due and 13 owing to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, by virtue of its interests 14 and/or ownership interests in the Parties Being Charged. 15 The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 16 is restrained from transferring, attempting to transfer, distributing, crediting, alienating, signing, 17 giving, pledging, hypothecating or otherwise disposing of any present existing equitable legal 18 interest in the partnership interests or otherwise in property, real, personal, mixed, tangible or 19 intangible wheresoever located to any person or entity in said entities being the Parties Being 20 Charged until such a time as Wayfarer’s Judgment, together with interest and costs, has been 21 satisfied, and without prior approval of the Court as the result of Wayfarer’s equitable Liens on 22 The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004’s interest in the Parties Being 23 Charged. 24 The Court further orders that in the event any distribution is to be made by the Parties 25 Being Charged to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, as the result of 26 The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004’s interest in the Parties Being 27 Charged, that said distribution be made to Wayfarer, as Wayfarer has been granted a Charging 28 CHARGING ORDER 3 1 Order against The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004’s interests in the 2 Parties Being Charged. 3 4 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that The Halsey McLean 5 Minor Revocable Trust U/A/D 11/2/2004’s partnership interest in the Parties Being Charged is 6 charged with Wayfarer’s Judgment in the amount of $608,619.55, and that in the event any 7 distribution is made by Parties Being Charged to The Halsey McLean Minor Revocable Trust 8 U/A/D 11/2/2004, that said distribution be made to Wayfarer subject Wayfarer’s Charging Order, 9 and that the Parties Being Charged are hereby restrained from making any distributions of any kind 10 whatsoever to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, until such a time as 11 Wayfarer’s Judgment, together with interest and costs, has been paid and satisfied. 12 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that The Halsey McLean 13 Minor Revocable Trust U/A/D 11/2/2004, is enjoined from receiving any distribution of any kind 14 whatsoever from the Parties Being Charged until such a time as Wayfarer’s Judgment, together 15 with interest and costs, has been paid, and that any further distribution to be made by the Parties 16 Being Charged, which would otherwise belong to The Halsey McLean Minor Revocable Trust 17 U/A/D 11/2/2004, that said distribution be made to Wayfarer until such a time as Wayfarer’s 18 Judgment, together with interest and costs, has been paid and satisfied. . S IT IS SO ORDERED. 23 RT ER H 25 FO NO 24 R NIA _______________________________ CHARLES R. BREYER UNITED STATES DISTRICT JUDGE es lena Jam Maria-E Judge LI Dated: August 16, 2012 22 26 27 28 CHARGING ORDER 4 A 21 RT U O 20 S DISTRICT TE C TA UNIT ED 19 N F D IS T IC T O R C

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