Free Order - District Court of Connecticut - Connecticut

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O UNITED stares tnsrntcr co It I I Y IQ, I
I DISTRICT OF CONNECTICLI
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JULIE DILLON RIPLEY MILLER, pt, QT 6I(ItNC)(DFM) '
_ _ IIIRI*II -oI· LI
Plamtiff and Counterclaim I
Defendant, , N
I l — agamst — ]·p:NIp_Cf;§§§ to I%»tItgistrate;Iudge
MERRILL LYNCH CREDIT CORPORATION, 0 N R F': MRIEEQZ, · pf N
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Defendant and Counterclainiant. ¤II¢m`¤~f:1jIl2, 200g, Q
; N srr1=·ULA·rr0N Arm consnmr onon rg I
N PLAINTIFFS MOTION FOR PREJUDG T REM`EDY=-J N
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I `N WHEREAS, Plaintiff has filed a Motion for Prejudgrn t RGIIICCIY ("Motion"), which
\ seeks to attach $7,000,000 in Merrill Lynch Credit Corporatio (‘I‘N/ILCC") assets; and
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F I Ng WHEREAS, the Court has scheduled hearing dates on I orIember 20 and 21 in N
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( `I M furtherance ofthe disposition ofthe Motion; and I I
&/ · WHEREAS, in order to resolve the issues raised in the Izition without the need for any
$_ additional burden on the Court or the parties, the parties have gtded that the posting of security
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_ ii ‘ as specified herein, in the total amount of approximately $6,400,000, shall be given, and
FQ accepted, in lieu ofthe relief sought by Plaintiff in the Motion and pursuant to the terms and
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Q N conditions of this Stipulation and Consent Order ("Stipu1ation and Consent OrdeI"). ·
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Q N J WHEREAS, an account numbered SAX-12860 for "M ._IUL]ZE DR. MILLER F/B/O
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Q _7 _ IjI=» M;l,.CC ASSIGNS" (the “‘Account”) is maintained at ertill Lynch, Pierce, Fenner &
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Ip Sriaitlr-incorporated ("MLPF&S"), which Account contains dIsNin an amount of approximately
as of October 31, 2003 (the "Funds"). Among ot er§iIssues, ownership ofthe Funds
the-ftccount is at issue in this litigation.
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WHEREAS, the parties have agreed that MLPF&S sha] ncl permit the transfer or I
withdrawal ofthe Funds from the Account pending further 010% 0 this Court, a tina] judgment i
disposing ofthe claims in this litigation, or written agreement 0 th parties. i
WHEREAS, the parties have further agreed that MLCC also post a bond for
$1,600,000. N
NOW, THEREFORE, upon the consent of undersigned ollnsel for all parties to this l
action, IT IS HEREBY ORDERED:
1. The Account. ` !
(i) MLCC shall direct M.LPF&S to retain th Fimds in the Account, as
A presently invested, and to not make or allow any withdrawals 0 trimsfers of the Funds, or any i
portion or proceeds thereof] pending further order of this Court aq iinal judgment disposing of the p
claims in this litigation, or written agreement ofthe parties. A oply ofthe October 2003
I Account statement is attached hereto as Exhibit A. I r
(ii) MLCC shall also direct MLPF&S to m eépayment ofthe Funds, and any
A proceeds thereof, to such party as may be ordered by this Co orlby written agreement ofthe
parties. i l
(iii) MLCC will provide MLPF&S with a cc this Stipulation and Consent
Order, and shall direct MLPF&S to provide counsel for the p ies with a written I
acknowledgement of its receipt of this Stipulation and Consen Orider, and its agreement to abide
by MLCC’s directions as set forth herein. If MLPF&S fails to pidvide said written
acknowledgment to counsel for the parties within twenty days upon the Court? s approval of this i
Stipulation and Consent Order, or if MLPF&S subsequently f `ls lor refuses to follow MLCC’s
directions as set forth herein, either party may seek additional elilef irom this Court. N
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“mMm”—m—H

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2. The Bond. 1
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(i) MLCC shall post a bond in the amount o $11600,000 to ensure that, 1
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should Plaintiff obtain a final judgment on her claims, sufticien 6411% in addition to the Funds in 1
the Account will be available to satisfy such judgment. Said bo ct 1 ill be issued in substantial 1
conformity with C.G.S.A. 52-308 and shall be posted within thi _ 1:1ays of the Couzt’s approval
of this Stipulation and Consent Order. a
(ii) Said bond shall be maintained by MLCC peiiding further order ofthe
Court, a final judgment disposing ofthe claims in this litigatio , written agreement ofthe 1
parties. · 1 1
3. The parties further agree that this Stipulation an Cbnsent Order is entered into
solely to expedite the disposition of this action, and that ncith pa1·ty admits any wrongdoing or
the truth of any allegations by entering into this Stipulation an Clcinsent Order. It is further ·
agreed that this Stipulation is not intended to prejudice the ri 1c1r claims ofthe parties as to
any proceedings in this matter, including but not limited to, tri appeals in this matter.
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4. This Stipulation and Consent Order shall consti the resolution of Plaintiffs
Motion. Accordingly, the hearings scheduled on the Motion oi1ember 20 and 21, 2003) shall
be removed from the C0'L1.‘l’lI’S calendar, and the Superseding S eiciuling Order dated September
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29, 2003, shall be withdrawn.
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5. The parties hereby consent to the entry of this tip1.1lation and Consent Order by
Magistrate Judge Donna F. Martinez, and to its acceptance, ` Q tjdrv, by Judge Robert N.
Chatigny. _ M if I .
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on. Do na . Martinez 1
United S te1sMag.istrate Judge ·
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