The legal material here is provided by Brian Korte
MS. HEYER: Okay, Your Honor. The reason
20 that I am not smiling is the reason that I had to
21 file a motion to compel. First and foremost, it
22 jumped off the page is, despite the fact that
23 deposit was made untimely in accordance with the
24 court order, they violated the court order, because
25 Your Honor specifically gave them $17,000 which
4
1 included a $4,000 cushion, and what do they do, they
2 went ahead and made the deposit and took out an
3 additional $3,000 from the deposit, which we
4 attached to our motion.
5 They could have easily either called me, told
6 me about it. We could have put it on motion
7 calendar. It never even came across my desk, not
8 through an e-mail, not through correspondence,
9 before they just unilaterally decided to lop off an
10 additional $3,000, and we just think that’s
11 completely unacceptable. And we have been duking
12 this out since April 25. And I think your order was
13 very clear when we were here last week on motion
14 calendar to exactly what was supposed to go into the
15 registry of the court.
16 THE COURT: Okay. What’s your response?
17 MR. WORTMAN: This is really simple. The
18 money that she is talking about, okay, that’s not
19 rent money. Your Honor entered an order involving
20 the sequestration of rents, not sequestration of
21 water fees. Water fees are moneys that are coming
22 in from the shareholders and the renters related to
23 water bills that come from these individuals to the
24 co-op and go out. That is, those are moneys that
25 are not to be sequestered. It is not the subject of
5
Provided by Brian Korte
1 Your Honor’s court order.
2 In fact, we went above and beyond what we
3 thought we were obligated to do by providing a very
4 detailed breakdown as far as the moneys coming in,
5 the moneys going out. There are two parts to this.
6 First was the initial deposit. The money was
7 deposited on time in accordance with your Your
8 Honor’s order. The check was delivered.
9 Unfortunately, we didn’t realize it had to be a
10 certified check, so we were sent back by the court’sUS Bank v Bruce Curran, 5-5-11, CNA
Anthony Kenny 