Opinion
CIVIL ACTION NO. 3:06-CV-139.
August 10, 2007
M. Dawn Alexander, Esq. WSVB #8722, Steptoe Johnson PLLC, Martinsburg, West Virginia, Counsel for the Defendants .
Joseph L. Caltrider, Esq. WVSB #6870, Bowles Rice McDavid Graff Love LLP, Martinsburg, West Virginia, Counsel for the Plaintiff .
AGREED ORDER DIRECTING CLERK TO DEPOSIT FUNDS
ON A PREVIOUS DAY came the Plaintiff, LILLIAN C. ETTER, individually, and as Co-Trustee of the McClughan Living Trust dated June 29, 2001, by counsel, and the Defendants, RANDY B. MAZZOTTI, individually, and as Co-Trustee of the McClughan Living Trust dated June 29, 2001, JULIE MAZZOTTI, and LACY J. MAZZOTTI, by counsel, and jointly moved the Court to direct the Clerk of the Court to deposit $175,000 currently held in the Defendants' counsel's client trust account pursuant to Rule 67 of the Federal Rules of Civil Procedure, the parties' February 27, 2007 agreement resolving the Plaintiff's Motion for Prejudgment Attachment, and this Court's February 28, 2007 Order of Hearing on Motion for Prejudgment Attachment.
UPON MATURE CONSIDERATION of the parties' joint motion, and it appearing otherwise proper, it is accordingly ORDERED that the parties' joint motion shall be, and hereby is, GRANTED. The Clerk of the Court shall deposit $175,000 currently held in the Defendants' counsel's client trust account pursuant to Rule 67 of the Federal Rules of Civil Procedure, the parties' February 27, 2007 agreement resolving the Plaintiffs Motion for Prejudgment Attachment, and this Court's February 28, 2007 Order of Hearing on Motion for Prejudgment Attachment. The Clerk of the Court shall enter this order as of the date set forth below and transmit copies of this order to all counsel of record.