Opinion
Case No.: SACR 10-0001 JVS.
March 15, 2011
THE LAW OFFICES OF KIRK F. LAPPLE, Kirk F. Lapple #144051, Laguna Niguel, CA, Attorney for victims ABBA KADER, PRATAP REDDY, CHANDRASHEKAR SHENDE VENKATA YAMANI and GHOVARDHAN REDDY.
ORDER GRANTING PETITION TO AMEND RESTITUTION ORDER
The Petition by Victims ABBA KADER, PRATAP REDDY, CHANDRASHEKAR SHENDE, VENKATA YAMANI and GHOVARDHAN REDDY to Amend the Restitution Order came on for hearing on March 14, 2011 at 9:00 a.m. in Courtroom 10C, Judge James V. Selna presiding.
Kirk F. Lapple appearing for the Victims/petitioning parties.
Assistant U.S. Attorney Doug McCormick appearing for the United States.
Attorney Anju Multani appearing for Krish Dharma.
Mark Bucher appearing for Employers Resource Inc.
No appearances for the Defendant, said appearance being waived.
The Court has reviewed the Petition to Amend the Restitution Order and all briefs and pleadings filed by the parties in support of or in opposition to the Petition and has heard argument by counsel.
Good cause appearing, the Court hereby grants the Petition to Amend the Restitution Order.
30% of all funds deposited with the United States Court Clerk by any defendants in the state court action entitled SAVY v. CHAUDHARY et. al. OCSC Case no. 30-2010-00421984-CU-FR-CXC ("SAVY action") shall be retained in the restitution fund maintained by the United States Court Clerk's office until the conclusion of the state court action.
Any funds obtained by the moving parties in the SAVY action shall be promptly deposited as received with the Clerk of the Court.
Upon conclusion of the aforementioned state court action, the moving parties shall file a Petition for an order establishing that a common fund has been created together with a calculation of fees and costs and request for same.
The court will then make a determination as to whether a common fund has been created and order disbursement of the funds as appropriate.
IT IS SO ORDERED.
DATED: March 15, 2011