Free Motion for Disbursement of Funds - District Court of Colorado - Colorado

Case 1:00-cv-02391-MJW-OES

Document 129

Filed 09/18/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02391-MJW GAARD H. MOSES, Plaintiff, v. G.A. WELLS, et al., Defendants.

JOINT MOTION FOR DISBURSEMENT OF FUNDS FROM THE REGISTRY OF THE COURT

Defendants, Counter-claimants, and Cross-claimants, the United States of America, the Secretary of Agriculture, and the United States Forest Service (the "United States"), by and through counsel, Troy A. Eid, United States Attorney for the District of Colorado, and Roxane J. Perruso, Assistant United States Attorney, and Plaintiff, Gaard H. Moses by and through Gary A. Wright, Esq., respectfully move this Court for an order disbursing funds from the Registry of the Court on the following grounds. 1. On July 2, 2004, Judgment was entered in favor of the United States and against

Plaintiff Gaard H. Moses ("Plaintiff"). As part of said Judgment, Plaintiff was ordered to pay costs upon the filing of a Bill of Costs. (Doc. 95.) 2. 101.) 3. On October 7, 2004, the Court ordered an award of attorney's fees to the United On August 19, 2004, a Bill of Costs was filed in the amount of $1,717.88. (Doc.

States in the amount of $22,281.37. (Doc. 107.) Therefore, the total amount due the United

Case 1:00-cv-02391-MJW-OES

Document 129

Filed 09/18/2007

Page 2 of 4

States is $23,999.25. See Exhibit 1, Abstract of Judgment. 4. On March 31, 2005, a supersedeas bond in the amount of $30,000.00 was ordered

by the Court to be posted by Plaintiff to renew his Motion of Stay of Execution on the Judgment. (Doc. 113.) 5. On May 11, 2005, Plaintiff posted a supersedeas bond in the amount of

$30,000.00 with the Court, Receipt No. 260138. (Doc. 117.) 6. The Tenth Circuit issued its Mandate on October 13, 2000. See Moses v. G.A.

Wells, Case No. 04-1330 (10th Cir). 7. No part of the costs or attorneys' fees awarded to the United States by this Court

have been paid to the United States as of the date of this filing. 8. The United States has been advised by the Clerk of the Court that the balance in

the interest-bearing account, as of September 5, 2007 is $ 32,723.28, consisting of $30,000.00 in principal and $2,723.28 in accrued interest. Interest continues to accrue on said account. 9. The Parties jointly request that the United States be paid $23,999.25 from

the principal amount on deposit. The check should be made payable to: United States Department of Justice, and mailed to: Financial Litigation Unit, United States Attorney's Office, 1225 17th Street, Suite 700, Denver, CO 80202. 10. The Parties also request that the Plaintiff be paid: (a) $6,000.75 from the

principal amount on deposit; and (b) all accrued interest less the registry fee assessment. The check should be made payable to: Wright & LaSalle, LLP Attorney Trust Account, and mailed to: Gary A. Wright, Wright & LaSalle, LLP, 715 West Main Street, Suite 201, Aspen, Colorado 81611. 2

Case 1:00-cv-02391-MJW-OES

Document 129

Filed 09/18/2007

Page 3 of 4

WHEREFORE, the Parties request the Court issue an order authorizing the disbursement of the funds held in the registry of the Court, as outlined above. Dated this 18th day of September, 2007. TROY A. EID UNITED STATES ATTORNEY

WRIGHT & LASALLE, LLP

s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office, Civil Division 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Email: [email protected]

s/Gary A. Wright Gary A. Wright 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625 Email: [email protected]

3

Case 1:00-cv-02391-MJW-OES

Document 129

Filed 09/18/2007

Page 4 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 18, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Roxane J. Perruso [email protected] [email protected] Gary A. Wright [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand- delivery, etc.) indicated by the nonparticipant's name:

s/Roxane J. Perruso Roxane J. Perruso

4