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Rey v. Rey

United States District Court, W.D. Washington, Tacoma

December 17, 2019

JEAN PIERRE REY, an individual, and ILZE SILARASA, an individual, Plaintiff,
v.
MICHEL REY and RENEE REY, husband and wife; U.S. INVESTMENT GROUP CORPORATION, a Washington corporation; U.S. GROWING INVESTMENTS INC., a Washington corporation; VISITRADE INC., a Washington corporation; BUILDERS SURPLUS NORTHWEST INC., a Washington corporation; and NEVAWA, INC., a Nevada corporation, Defendants.

          SECOND ORDER IMPLEMENTING JUNE 13, 2019 ORDER GRANTING PLAINTIFFS' MOTION REGARDING SALE OF REAL PROPERTIES, ETC.

          BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE

         THIS MATTER having come on for determination upon the Second Motion To Implement Order Implementing June 13, 2019 Order Granting Plaintiff's Motion Regarding Sale of Real Properties submitted by Plaintiffs Jean Pierre Rey and Ilze Rey and Defendant Visitrade, Inc., Dkt. No. 178, the sum of One Million Six Hundred Eighty Eight Thousand Five Hundred Seventy Dollars and Thirty Eight Cents ($1, 688, 570.38) into the Registry of the United States District Court for the Western District of Washington at Tacoma on the 9th day of August, 2019 from the sale of the Firehouse Property, together with a subsequent deposit into said registry in the amount of Thirteen Thousand Three Hundred Ninety Eight Dollars ($13, 398.00) on the 10th day of September, 2019 (“the Firehouse proceeds”), and the Court having reviewed the records and files herein and finding good cause therefore, NOW, THEREFORE:

         ORDER

         IT IS HEREBY ORDERED that the Clerk is authorized and directed to draw one check on the Firehouse proceeds deposited in the registry of this Court in the principal amount of One Hundred Eighty Thousand Dollars ($180, 000.00) minus any statutory users fees, made payable to Ortoli Rosenstadt, LLP (“Ortoli”), 366 Madison Avenue, 3rd Floor, New York, NY 10017, to be deposited into the Ortoli Rosenstadt, LLP escrow account, and;

         IT IS FURTHER ORDERED that from said funds, Ortoli shall pay to itself from its escrow account the sum of Sixty Six Thousand Seven Hundred Seventy Three Dollars and Sixty Five Cents ($66, 773.65) in full satisfaction of its claim for reimbursement of funds it advanced with respect to the maintenance and repair of the 5920 Lausanne Drive, Reno, Nevada property (“the Residential Property”) without further consent from the other parties hereto;

         IT IS FURTHER ORDERED that from the remainder of said funds in its escrow account, with and only with the prior written consent of undersigned counsel of Plaintiffs Jean Pierre and Ilze Ray that will not be unreasonably withheld or by further order of the Court, Ortoli shall pay third parties for the maintenance of and repairs to the Residential Property, including but not limited to:

• Washoe County, Nevada, for real property taxes;
• BIG Construction, Inc. to complete the reconstruction of a bathroom;
• Airhart, Ltd. to replace one furnace;
• H & H Landscape, LLC for completed repairs for water damage;
• Other future repairs and maintenance reasonably necessary to effectuate the sale of the Residential Property, including but not limited to the repair of the roof; and
• Staging the Residential Property for sale.

         All remaining funds shall remain in the District Court's registry until a subsequent order is entered by the District Court on notice to counsel for all remaining parties to the lawsuit in Washington; and

         IT IS FURTHER ORDERED THAT U.S. Investment Group Corporation, U.S. Growing Investments, Inc., Builders Surplus Northwest, Inc., and Nevawa, Inc. shall be ...


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