Opinion
Civil No. 07-cv-259-JL.
January 31, 2008
ORDER
Re: Document No. 17, MOTION to Deposit Funds into Court Registry
Ruling: Granted. Although the plaintiff did not comply with Local Rule 7.1(e)(2) requiring leave to file a reply to an objection to a nondispositive motion, the court assumes this was because plaintiff's counsel considers the motion to be "dispositive" insofar as it applies to the plaintiff.
Plaintiff's reliance on Hudson Savings Bank v. Austin is sound. The requirements of 28 U.S.C. § 1335 have been met. Leave is granted pursuant to Local Rule 67.2 to deposit the funds into the Court Registry Investment System with the clerk's office, along with an accounting of whatever sums it deems recoverable under applicable law, with notice and copies to the all parties. Once the deposit has been received by the clerk's office the Deputy Clerk will bring the motion to the court's attention for the dismissal of the plaintiff. Defendants must object to any claim to any fees and costs asserted by the plaintiff within 10 days of receiving notice of the deposit and accounting.