Northwest Bank et al v. Perkumpulan Investors Crisis Center-Dressel-WBG et al, No. 2:2015cv00348 - Document 13 (W.D. Wash. 2015)
Court Description: ORDER granting 12 Stipulated Motion for establishment of interpleader and discharge of plaintiff NW Bank; and order of discharge, dismissal and disbursement, by Judge James L. Robart.(MD, cc to Fin'l Dept)
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Northwest Bank et al v. Perkumpulan Investors Crisis Center-Dressel-WBG et al Doc. 13 HONORABLE JAMES L. ROBART 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 10 11 NORTHWEST BANK, an Idaho Bank, Case No. 2:15-CV-00348-JLR Plaintiff-in-Interpleader 12 17 PERKUMPULAN INVESTORS CRISIS CENTER-DRESSEL-WBG, an Indonesian corporation, GOETZ FITZPATRICK LLP., a New York limited liability partnership, DOUGLAS GROSS, a New York resident and possible successor in interest to HOFHEIMER GARTLIR & GROSS LLP., a New York limited liability partnership, in dissolution, 18 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT Defendants-in-Interpleader. 13 14 15 16 DATE OF HEARING: May 7, 2015 19 20 21 I. STIPULATION COMES NOW Plaintiff-in-Interpleader Northwest Bank, Defendants-in-Interpleader 22 Perkumpulan Investors Crisis Center-Dressel-WBG, Geotz Fitzpatrick, LLP, Douglas Gross, 23 and Hofheimer Gartlir & Gross, LLP, and stipulate as follows to expedite the resolution of 24 this matter due to the urgent needs of Defendants-in-Interpleader: 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 1. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 Dockets.Justia.com 1 2 3 1. That the court has jurisdiction over this matter, and the venue is proper; 2. That the Funds subject to this action, more specifically identified below, be disbursed as stated below; 4 3. That Plaintiff-in-Interpleader Northwest Bank shall be discharged regarding any 5 further liability regarding the funds as stated below and dismissed from this action with 6 prejudice and with an award of the costs and fees stated below; and 7 8 4. That Defendants-in-Interpleader are dismissed from this action with Prejudice and without Costs as stated below. 9 Dated this 7th day of May, 2015 Dated this 7th day of May, 2015 PETERSON RUSSELL KELLY PLLC s/Marcia Ellsworth, WSBA No. 14334 1850 Skyline Tower 10900 NE Fourth St. Bellevue, WA 98004-8341 Telephone: (425) 462-4700 Fax: (425) 451-0714 Email: mellsworth@prklaw.com Attorney for Plaintiff-in-Interpleader Northwest Bank KROONTJE LAW OFFICE, PLLC s/Maury Kroontje, WSBA No. 22958 Leah S. Snyder, WSBA No. 44384 1411 Fourth Avenue, Suite 1330 Seattle, WA 98101 Telephone: (206) 624-6212 Fax: (206) 624-6816 Email: maury@kroontje.net Email: leah@kroontje.net Attorneys for Defendants-in-Interpleader Perkumpulan Investors Crisis CenterDressel-WBG 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Dated this 7th day of May, 2015 s/Douglas Gross, NYB No. 1727155 One Penn Plaza, Suite 3100 New York, New York 10119 Telephone: (212) 695-8100 Fax: (212) 629-4013 Email: dgross@goetzfitz.com Attorney for Defendants-in-Interpleader Douglas Gross, Goetz Fitzpatrick LLP, & Hofheimer Gartlir & Gross LLP. 24 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 2. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 1 2 3 II. ORDER Based upon the forgoing stipulation of counsel for all parties, it is hereby 4 ORDERED ADJUDGED AND DECREED that: 5 6 7 1. Plaintiff-in-Interpleader filed a Complaint initiating the instant interpleader Action pursuant to 28 USC § 1335, on March 6, 2015 (Dkt. No.1) seeking to have the court 8 establish an interpleader over the funds in the amount of $318,175.90, (the “Funds”) which 9 were held by Northwest Bank in the name of Perkumpulan Investors Crisis Center-Dressel- 10 WBG (“Perkumpulan”) as a result of 676,970 shares of Regal Financial Bank common stock 11 that was converted into the right to receive $0.47 per share of which Perkumpulan was the 12 shareholder of record. 13 14 2. Competing and inconsistent claims arose as to the true owner of the Funds. 3. This court has subject matter jurisdiction over this interpleader action 15 pursuant to 28 USC §§ 1332, 1335. Venue is proper in this Court because the funds in 16 17 18 19 20 controversy result from suit in this judicial district. 4. All parties who may have a claim to the Funds have been properly joined in this action and have appeared through counsel. 5. On April 20, 2015, Northwest Bank filed a Motion for Order to Deposit the 21 Funds with the Clerk pursuant to this Court’s General Order 04-14(I)(A) which was noted 22 for consideration on May, 8, 2015, (Dkt No.5), and Northwest Bank shall deposit and/or 23 disperse the Funds as further directed by the Court in this Order. 24 6. Upon the Entry of this Order, Northwest Bank’s Motion for Order to Deposit 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 3. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 1 2 3 the Funds in Interpleader shall be considered moot, as the Funds will be dispersed in accordance with the agreement of the parties and this Order. 7. Northwest Bank has incurred $7,461.50 in fees and $400.00 costs in the 4 initiation and prosecution of the Interpleader Action, and is entitled to recover reasonable 5 attorney fees and costs in the amount of $7,861.50. 6 7 8 8. Northwest Bank may deduct $7,861.50 from the Funds, such deduction representing the attorney’s fees and costs incurred by Northwest Bank in the initiation and prosecution of the Interpleader Action. To the extent that Northwest Bank incurs additional 9 attorney’s fees in conjunction with the performance under this Order, Northwest Bank shall 10 be entitled to deduct such attorney’s fees based upon a showing that such fees have been 11 12 13 reasonably incurred. 9. The remaining funds in the amount of $310,314.40 shall not be deposited 14 with the Clerk of Court by Northwest Bank, but rather based upon the agreement of the 15 parties, shall be tendered as follows: within two (2) days after the court enters this order 16 Northwest Bank shall be deliver to Kroontje Law Office PLLC at 1411 Fourth Avenue Suite 17 1330 a check made payable to “Hofheimer Gartlir & Gross LLP in Trust for Perkumpulan 18 19 Investors Crisis Center-Dressel-WBG” in the amount of $310,314.40, which is $318,175.90 less the 7,861.50 in attorney’s fees and costs awarded above. 20 10. Upon delivery of the Funds, Plaintiff-in-Interpleader Northwest Bank shall be 21 22 23 24 dismissed as a party to the interpleader action and be discharged from further liability or obligation regarding the Funds. 11. Defendants-in-Interpleader shall be enjoined from prosecuting any action or 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 4. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 1 2 commencing any claim against Northwest Bank relating to the Funds or its proceeds. 12. Upon delivery of the Funds, all claims of the Defendants-in-Interpleader 3 Perkumpulan, Goetz Fitzpatrick LPL., Douglas Gross, and Hofheimer Gartlir & Gross LLP 4 against one another in regards to the Funds subject to this Interpleader are dismissed with 5 prejudice and without costs to any of the Defendants-in-Interpleader. 6 7 8 13. This Order shall be effective immediately upon entry, resolves fully all of the claims asserted by the parties in this action, and is a final order under FRCP 54(b). This matter having come before the undersigned Judge, with the agreement and 9 consent of all parties with regard to the Funds which are the subject matter of this 10 Interpleader Action, it is hereby SO ORDERED AND ADJUDGED. 11 12 13 14 15 16 17 Dated this 7th day of May, 2015 A JAMES L. ROBART United States District Judge 18 19 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 5. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 1 2 3 4 5 6 7 8 9 10 11 12 PRESENTED BY: PETERSON RUSSELL KELLY PLLC s/Marcia Ellsworth, WSBA No. 14334 1850 Skyline Tower 10900 NE Fourth St. Bellevue, WA 98004-8341 Telephone: (425) 462-4700 Fax: (425) 451-0714 Email: mellsworth@prklaw.com Attorney for Plaintiff-in-Interpleader Northwest Bank s/Douglas Gross, NYB No. 1727155 One Penn Plaza, Suite 3100 New York, New York 10119 Telephone: (212) 695-8100 Fax: (212) 629-4013 Email: dgross@goetzfitz.com Attorney for Defendants-in-Interpleader Douglas Gross, Goetz Fitzpatrick LLP, & Hofheimer Gartlir & Gross LLP. 13 14 15 16 17 18 19 KROONTJE LAW OFFICE, PLLC s/Maury Kroontje, WSBA No. 22958 Leah S. Snyder, WSBA No. 44384 1411 Fourth Avenue, Suite 1330 Seattle, WA 98101 Telephone: (206) 624-6212 Fax: (206) 624-6816 Email: maury@kroontje.net Email: leah@kroontje.net Attorneys for Defendants-in-Interpleader Perkumpulan Investors Crisis Center-Dressel-WBG 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 6. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816 1 2 3 CERTIFICATE OF SERVICE 4 I hereby certify that on April 30, 2015, the following documents: 1) Stipulated 5 Motion and [Proposed] Order For Establishment Of Interpleader And Discharge Of Plaintiff 6 Northwest Bank; And Order of Discharge, Dismissal, and Disbursement; and 2) this 7 Declaration of Service were electronically filed with the Clerk of the Court using the 8 CM/ECF system, which sent notification of such filing to: 9 10 11 12 13 14 15 16 Marcia P. Ellsworth, WSBA No. 14334 Peterson Russell Kelly, PLLC 1850 Skyline Tower – 10900 N.E. Fourth St. Bellevue, Washington 98004-8341 Email: mellsworth@prklaw.com Attorney for Plaintiff-In-Interpleader Northwest Bank Douglas Gross, NYBA No. 1727155 One Penn Plaza, Suite 3100 New York, New York 10119 E-mail: dgross@goetzfitz.com Attorney for Defendants-in-Interpleader Douglas Gross, Goetz Fitzpatrick, LLP and Hofheimer Gartlir & Gross, LLP 17 18 19 20 21 22 23 24 DATED May 7, 2015. Kroontje Law Office PLLC /s/ Leah S. Snyder Leah S. Snyder WSBA No. 22958 Attorney for Plaintiffs Kroontje Law Office, PLLC 1411 Fourth Avenue, Suite 1330 Seattle, WA 98101 Telephone: (206) 624-6212 Fax: (206) 624-6816 Email: leah@kroontje.net 25 26 STIPULATED MOTION AND ORDER FOR ESTABLISHMENT OF INTERPLEADER AND DISCHARGE OF PLAINTIFF NORTHWEST BANK; AND ORDER OF DISCHARGE, DISMISSAL AND DISBURSEMENT 2:15-CV-00348-JLR – Page 7. K R O ON T J E L A W O F F I C E P L L C 1 4 11 F O U R T H A V E N U E , S U I T E 1 33 0 S E A T T L E , W A S H I N G T O N 98101 P HONE:(206) 624-6212 FAX:(206) 624-6816
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