Opinion
Case No. 1:05-CV-00703-REC-SMS.
February 28, 2006
MICHAEL P. MEARS, A PROFESSIONAL CORPORATION, MICHAEL P. MEARS # 062113, BAKERSFIELD, CA, Attorney for Plaintiff Joseph F. Etienne, Receiver.
ORDER DISCHARGING PLAINTIFF FROM INTERPLEADER
The Motion for Discharge of Plaintiff in Interpleader came on regularly for hearing by the court on February 13, 2006 at 1:30 p.m. in Department 1 of this Court. Plaintiff was represented by counsel, MICHAEL P. MEARS. Defendant UNITED STATES OF AMERICA was represented by Henry Darmstadter, Esq.
On the evidence given to the satisfaction of the court, the court makes the following orders:
1. Plaintiff JOSEPH F. ETIENNE as Receiver for EDWARD O. TIETJEN, TAMMY L. TIETJEN and ED TIETJEN CONCRETE CONSTRUCTION, INC., a California corporation, is hereby discharged from this action.
2. Plaintiff's request for unpaid attorney's fees and costs in the amount of $3,395.39 ($620.89 for costs and $2,774.50 in attorney's fees) is hereby approved by the court and shall be paid to MICHAEL MEARS from the funds deposited into the court by the plaintiff subject to the following conditions. Attorney's fees and costs shall not be paid to MICHAEL MEARS until the United States' claim is established by the court. Furthermore, no sum shall be paid to MICHAEL MEARS to the extent that any payment to him would reduce the payment from the interpleader funds of any claim of the United States that is allowed by the court.