From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Sun, Nov 9, 2014 at 9:41 AM
Subject: Fwd: DV 600
To: mike.feuer@lacity.org, ": Division, Criminal" <Criminal.Division@usdoj.gov>, "irs.commissioner" <irs.commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, MollyHale <MollyHale@ucia.gov>, nsapao <nsapao@nsa.gov>, fsb <fsb@fsb.ru>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, rbyucaipa <rbyucaipa@yahoo.com>, khuvane <khuvane@caa.com>, blourd <blourd@caa.com>, Robert MacMillan <robert.macmillan@gmail.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@firstlook.org>, lrohter <lrohter@nytimes.com>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, "stan.garnett" <stan.garnett@gmail.com>, police <police@cityofberkeley.info>, rwest0@gmx.com, Sherab Posel <poselaw@gmail.com>, sedelman <sedelman@gibsondunn.com>, JFeuer <JFeuer@gibsondunn.com>, "kevin.prins" <kevin.prins@ryan.com>
Mike Feuer,
I have received emails from the REDACTED AGENCY NAME which prove that a [foreign] non-domestic violence order cannot be registered in California as a domestic violence order. That includes when form DV-600 is used. See emails below. Leonard Cohen's May 25, 2011 domestic violence order was used to arrest, prosecute, convict, and sentence me. My sentence included probation terms that related to domestic violence statutes and fines/fees associated with those statutes. Your office obtained domestic violence related orders for Robert Kory, Michelle Rice, Bruce Cutler, and others.
Bruce Cutler did not request a [domestic violence related] restraining order and LA Superior Court has no jurisdiction over an individual who resides in New York. I objected to this issue.
I would, based upon this new evidence, like to request that you maintain and preserve all evidence related to how this case was sent to your office by LAPD's TMU; how the Boulder, Colorado order was transformed into a "domestic violence" order; what the warrant for my arrest states, and any and all information related to Bruce Cutler's communications with your office. I have asked Dennis Riordan, IRS, FBI, DOJ, FTB, and others, to cross off Bruce Cutler's name and insert their own when reviewing the letters attached to your office's Sentencing Memorandum.
This Sentencing Memorandum wrongfully states that Leonard Cohen and I were in an statutory required intimate dating relationship. And, Streeter (based on her view, and possibly statements made about her in my letters) felt I should be drugged and committed to a locked facility because she concluded that I believe I know Bruce Cutler. I believe no such thing and your prosecutor is not in a position to speak for me. Furthermore, she worked with a domestic violence counselor whose offices have confirmed, for me and others, that they do not diagnose people without seeing them. I do not know what five letters were presented to Sandra Baca but would like to ask that you maintain and preserve that evidence as well.
For the record, as Traditional Holdings, LLC Tax Matters Partner, I have transmitted the attached letter to Jeffrey Korn who represents Leonard Cohen n Case No. BC338322. There are very serious outstanding and legitimate federal and corporate tax matters at issue. Sandra Jo Streeter merely lied about that fact to the jurors. I would like to point out that my public defender advised me that he felt the City Attorney was attempting to sabotage the IRS; intended to discredit me; and the DA did not want the Phil Spector verdict overturned. That might explain the issues litigated with respect to Phil Spector, DA Steve Cooley, and Alan Jackson during my 2012 trial. I would like to request that you maintain and preserve all evidence related to Captain Jack Horvath's letter (attached to the Sentencing Memorandum) with respect to the parody letter. We have the legal right to parody our government and I can assure you that I am not President of the United States; there is no Wedding Party; Ron Burkle and I will not be getting married in the Rose Garden; and I have not appointed my Vice President, FBI or CIA director. I did, however, address California's Perjury Code (re. prosecutors using willful perjury to convict and obtain death sentences) and corrupt politicians. I do feel this should be a political platform.
If you have any questions, please hit reply all and copy in the IRS, FBI, DOJ, FTB, and Dennis Riordan. While DCA Schmitter views them as irrelevant parties to my emails, I have been documenting what has unfolded since I reported the allegations that Leonard Cohen committed criminal tax fraud to IRS on April 15, 2005 and thereafter. The IRS and FTB are not pursuing me. That is just another fabricated narrative.
I personally believe that Leonard Cohen should have been prosecuted for his perjured testimony re. the statutory required "intimate dating relationship" and would request that you review the transcript of the March 23, 2012 bail hearing (subject to strict domestic violence statutes which deprived me of being released OR). Cohen testified in that hearing that I never stole from him - "just his peace of mind."
My public defender felt there may have been a prosecution plant on the jury and advised me that the jurors wanted to hear from IRS and one juror (a male in the back row, middle) relied on Streeter's statements that TH assets totaled only $100,000 to $150,000. Those statements were false and not evidence. The juror indicated that he felt sorry for Cohen over that matter. The attached letter addresses TH assets Cohen owes at this time. The assets total approximately $10 million. Please maintain all evidence related to the TH assets Sandra Jo Streeter referred to and the IRS holding she advised Judge Vanderet exists with respect to the May 2006 default judgment. I was not served that lawsuit, the judgment is void, and this matter will be litigated in federal court which has jurisdiction to hear federal tax matters.
Detective Viramontes advised me that Cohen did not feel comfortable with my requests for tax information. LAPD's report confirms that my alleged emails (not obtained via subpoena) were generally requests for tax information. I would, therefore, like to request that your office maintain and preserve all evidence supporting LAPD, City Attorney, and LA Superior Court's position that a "domestic violence" order, or any local county or state court order, subverts IRS reporting and other requirements. I personally cannot see how that could be the case.
Thank you.
Kelley Lynch
cc: IRS, FBI, DOJ, FTB, and Dennis Riordan, Esquire
REDACTED EMAILS FORWARDED TO CITY ATTORNEY MIKE FEUER
ENCLOSED: Annuity Agreement, TH Corporate Records, & TH Tax Matters Partner Letter
Kelley
Lynch
Tax
Matters Partner
Traditional
Holdings, LLC
c/o
Paulette Brandt
1754
N. Van Ness Avenue
Hollywood,
California 90028
kelley.lynch.2013@gmail.com
November
9, 2014
Leonard Cohen and his Heirs
c/o Jeffrey Korn, Esquire
714 W. Olympic Blvd.
Suite 450
Los Angeles, California 90015
Leonard Cohen and His Heirs,
In the years 2001, 2002, and 2003 you
caused to be expended (transaction fees*) or borrowed approximately $6,626,518.00
in assets from Traditional Holdings, LLC.
Pursuant to the Annuity Agreement dated December 7, 2000, you agreed
that loans and/or advances to you were permissible from Traditional Holdings,
LLC and confirmed that you are contractually obligated to repay all loans
and/or advances within 3 years with interest.
The agreed upon interest was 6% per annum. I have enclosed a copy of the executed
Annuity Agreement. As of August 15,
2005, you took the position that you were the alter ego of Traditional
Holdings, LLC and filed a Complaint alleging that corporate assets are your
personal assets. That lawsuit, and all
corresponding legal documents in that case, have willfully disregarded
corporate books, records, stock units, the full terms of the Annuity Agreement,
Kelley Lynch’s Indemnity Agreement, federal and state tax returns, and other
evidence of corporate ownership interests.
On
September 2, 2008, in the Natural Wealth Real Estate case against Leonard
Cohen, et al. (Civil Case No. 05-cv-01233-LTB, District Court, Colorado), Judge
Lewis Babcock wrongfully converted $154,000 to Leonard Cohen. Judge Babcock’s Order relied on the void
judgment in the Los Angeles Superior Court Case No. BC338322. The reason the default judgment is void is
due to lack of jurisdiction on the part of the Court. I was not served the lawsuit and the proof of
service remains evidence of extrinsic fraud.
Furthermore, fraudulent financial interest continues to accrue on that
judgment at 10% per annum.
Using
simple loan calculations (based tentatively on the date of the Complaint filed
on August 15, 2005), the interest on the approximately $6,626,518.00, as of
today’s date, totals approximately $3,500,000.
With respect to the simple interest calculations related to the approximately
$154,000 Judge Babcock converted to Leonard Cohen personally on September 2,
2008, the interest as of this date totals approximately $54,000.00. That brings the approximate totals of Leonard
Cohen’s loans (as well as all advances or corporate expenditures) with interest
as of this date to $10,334,518.00.
It
should be noted that you personally signed the letter authorizing Neal
Greenberg and his companies to pay personal transaction fees from Traditional
Holdings, LLC on your behalf. Greenberg
then provided a checkbook for that specific purpose.
Given
the ongoing litigation, and very serious federal and corporate tax issues that
have arisen, I would like to ask that the amount of $10,334,518.00 be placed in
an escrow account in the name of Traditional Holdings, LLC. As a member of Traditional Holdings, LLC (see
corporate records attached), you have the legal ability to open such
account. I am requesting that you provide
me evidence that such an account has been opened, and the above referenced loan
and interest amounts have been deposited thereto, no later than December 9,
2014.
I will expect proof that you have
deposited these funds into a Traditional Holdings, LLC escrow account by
December 9, 2014. If this matter is not
resolved by the time specified herein, Traditional Holdings, LLC, and I as a
member, tax matter partner and shareholder, reserve the right to commence legal
proceedings to recover the debt without further notice to you and this letter
may be tendered in court as evidence that you have breached the terms of the
Annuity Agreement and failure to repay the loans as specified therein.
Additionally, I have asked to inspect
the corporate books and records with respect to the following entities: LC Productions, Inc., Blue Mist Touring
Company, Inc., LC Investments, LLC, Traditional Holdings, LLC, and Old Ideas,
LLC. I would like to remind you that
Blue Mist Touring Company, Inc. owns the assets Traditional Holdings, LLC
attempted to sell to Sony. I have
requested formal corporate and personal accountings. To date, a fraudulent expense ledger has been
submitted to LA Superior Court and possibly IRS and FTB with respect to the
refunds you obtained in connection with the fabricated misappropriations
argument. A full and proper corporate
accounting would take into consideration legal ownership interests, all formal
assignments, corporate books and records, stock certificates, all agreements,
federal and state tax returns, shareholder loans, corporate distributions, and
so forth. It would also require you to
provide royalty statements, proof of income and deposits, all agreements
related to the intellectual property assigned Blue Mist Touring Company, Inc.,
all personal and corporate bank statements showing income collected that relates
to Blue Mist assets, and so forth.
On a final note, I would like to address
the fact that I still have not received IRS required form 1099 for the year
2004 from Leonard Cohen. I have heard
nothing with respect to my requests that LC Investments, LLC rescind K-1s
transmitted to IRS, FTB, and State of Kentucky for the years 2003, 2004, and
2005 indicating I have an ownership interest and received $0 income for those
periods. I have heard nothing with
respect to my requests for information related to the “mistake” Richard Westin
allegedly rectified with respect to Traditional Holdings, LLC. Based on your testimony, it appears that this
“mistake” relates to my ownership interest in that entity. I would like to remind you that no trust
agreement, or trust document, exists with respect to my rightful ownership
interest in numerous entities. I have
heard nothing with respect to the Traditional Holdings phantom income that was
shifted to me and not distributed.
Robert Kory addressed that issue in his January 14, 2005 memorandum to
my lawyers (with Ira Reiner and Kevin Prins copied in). Traditional Holdings, LLC filed federal tax
returns for the years 2001, 2002, and 2003.
Those returns transmitted K-1 partnership documents to IRS indicating
that I have a 99.5% ownership interest in that entity and received income for
those periods. I have asked if you have
taken the position that the tax returns related to this entity are fraudulent. As your representatives can surely advise
you, it is important to adhere to corporate governance and there are
formalities associated with unwinding corporations. These have been willfully disregarded. There are other legitimate and outstanding federal
tax and corporate matters that have not been litigated. Those will be addressed in federal court
which would be the appropriate venue.
Traditional Holdings, LLC and Blue Mist Touring Company, Inc. were
inserted into the default judgment but were not named as parties to the suit
depriving LA Superior Court of jurisdiction.
Your
attempt to use restraining orders to prevent me from transmitting and/or
receiving IRS required tax, corporate, and accounting information will be
addressed in my federal lawsuit. The attempt to argue that I have no
right to effect service upon a corporate entity that has issued K-1 partnership
documents in my name will also be addressed in my federal lawsuit. That
would include, but is not limited to, the fraudulently registered May 25, 2011
“domestic violence” order.
This
letter is being sent to your attorney of record in Case No. BC338322 as it
relates to that case and issues you and your representatives continued to argue
in documents filed in response to my August 9, 2013 motion to vacate. I
intend to file a Motion with Judge Hess in the near future and, in accordance
with his order, will serve that Motion upon Jeffrey Korn via email.
Sincerely,
SIGNED
Kelley Lynch
Traditional Holdings, LLC
Shareholder
Enclosed: Annuity
Agreement, Traditional Holdings, LLC
cc: IRS, FBI, DOJ, and FTB
*Traditional Holdings, LLC
Leonard Cohen’s personal transaction fees
(Unaudited & based on amounts in
Leonard Cohen’s Complaint & Neal Greenberg’s Amended Complaint)
$1.2 million – Stranger Management
$350,000 – legal fees (Grubman, Indursky
firm)
$350,000 – consultant fees (Greg McBowman)
$500,000 – for federal income taxes and
penalties due on Sony’s $1 million advance paid on the sale in 1999.
$100,000 – Richard Westin legal fees
$200,000 – Leonard Cohen’s settlement fees
re. failed CAK bond deal
Additionally, Cohen withdrew approximately
$592,000 as a “shareholder loan” from the Traditional Holding account to
purchase homes for his son and girlfriend.
The Greenberg Complaint confirms that $2,084,518 belonging to
Traditional Holdings, LLC was deposited into Leonard Cohen’s account. Leonard Cohen also personally received $1
million advance on the Traditional Holdings, LLC 2001 sale and failed to
transfer this amount to the corporate entity.
The above expenses, loans, income and deposits total: $6,376,518.00. In addition to this, a Promissory Note was
prepared and signed by Leonard Cohen.
That Promissory Note addressed an additional approximate amount of
$355,000 Leonard Cohen owed Traditional Holdings bringing the total to: $6,626,518.00 with interest in the amount of
6% per annum.
LA
Superior Court
CASE
SUMMARY
Case
Number: BC338322
LEONARD
NORMAN COHEN ET AL VS KELLEY A LYNCH ET AL
Filing
Date: 08/15/2005
Case Type: Fraud (no contract) (General Jurisdiction) Status: Default Judgment Pursuant to Decl. 05/09/2006
Future
Hearings
None
Parties
COHEN
LEONARD NORMAN - Plaintiff/Petitioner
EDELMAN
SCOTT A. ESQ. - Former Attorney for Pltf/Petn
KORN
JEFFREY W. ESQ. - Attorney for Plaintiff/Petitioner
LEONARD
COHEN INVESTMENT LLC - Plaintiff/Petitioner
LUCAS
NANCY E. ESQ. - Attorney for Defendant/Respondent
LYNCH
KELLEY A. - Defendant/Respondent
WESTIN
RICHARD A. - Defendant/Respondent
Click
on any of the below link(s) to see documents filed on or before the date
indicated:
10/05/2005
01/21/2014 Request for
Certified Copy
Filed by Plaintiff/Petitioner
12/24/2013 Opposition
Document (TO EX PARTE APPLICATION FOR CON- TINUANCE ON HEARING ON MOTION TO
VACATE DEFAULT JUDGMENT )
Filed by Defendant & Defendant in Pro Per
11/22/2013 Notice (OF
ORDER CONTINUING DATE FOR HEARING ON MOTION TO VACATE DEFAULT JUDGMENT )
Filed by Attorney for Plaintiff/Petitioner
11/14/2013 Substitution
of Attorney
Filed by Attorney for Pltf/Petnr
06/14/2006 Abstract of
Judgment
Filed by Clerk
05/15/2006 Default
Judgment
Filed by Attorney for Plaintiff/Petitioner
05/12/2006 Notice
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Points and
Authorities (RE: DEFAULT JUDGMENT )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Miscellaneous-Other
(PLAINTIFFS' CASE SUMMARY )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Declaration
(OF SCOTT A. EDELMAN )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Declaration
(OF LEONARD NORMAN COHEN )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Request for
Dismissal (DOES 1-50 )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Request to
Enter Judgment (NOT ENTERED AS REQUESTED )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Declaration
(OF KEVING L. PRINS )
Filed by Attorney for Plaintiff/Petitioner
05/09/2006 Request to
Enter Default (JUDGMENT FOLLOWING STATUS CONFERENCE OF FEBRUARY 27, 2006 )
Filed by Attorney for Plaintiff/Petitioner
04/28/2006 Ex-Parte
Application
Filed by Attorney for Plaintiff/Petitioner
04/07/2006 Notice of
Continuance
Filed by Attorney for Plaintiff/Petitioner
04/04/2006 Notice of
Continuance (OF OSC FROM 4/14/06 TO 5/5/06 )
Filed by Clerk
03/06/2006 Partial
Dismissal (with Prejudice) (P/DISMISSAL FILED ON 3-6-06 WITH PREJUDICE
AGAINST DEFT RICHARD WESTIN, ONLY (SENT TO IMAGING) )
Filed by Attorney for Plaintiff/Petitioner
12/19/2005 Request
Filed by Attorney for Plaintiff/Petitioner
12/05/2005 Default
Entered (KELLEY A. LYNCH )
Filed by Attorney for Pltf/Petnr
12/01/2005 Statement-Case
Management
Filed by Attorney for Plaintiff/Petitioner
11/30/2005 Request to
Enter Default (DEFAULT REJECT FOR LYNCH- DATE OF MAILING CANNOT BE DATED
BEFORE REQUEST TO ENTER DEFAULT. )
Filed by Attorney for Pltf/Petnr
11/28/2005 Statement-Case
Management
Filed by Attorney for Defendant/Respondent
11/22/2005 Summons Filed
Filed by Attorney for Pltf/Petnr
11/22/2005 Request to Enter
Default (DEFAULT REJECT FOR LYNCH-#9.16. NEED DATE ON ITEM 3. NEED DATE OF
EXECUTION ON ITEM 6B. )
Filed by Attorney for Pltf/Petnr
11/10/2005 Proof of
Service
Filed by Attorney for Plaintiff/Petitioner
10/31/2005 Request
Filed by Attorney for Plaintiff/Petitioner
Click
on any of the below link(s) to see documents filed on or before the date
indicated:
TOP 10/05/2005
10/05/2005 Answer to
Complaint (by richard westin )
Filed by Attorney for Defendant/Respondent
08/31/2005 Notice-Case
Management Conference
Filed by Attorney for Plaintiff/Petitioner
08/26/2005 Notice-Case
Management Conference
Filed by Clerk
08/25/2005 Proof of
Service
Filed by Attorney for Plaintiff/Petitioner
08/15/2005 Complaint
Documents Filed
01/17/2014 at 08:33 am
in Department 24, Robert L. Hess, Presiding
Motion Hearing (Motion to Vacate Judgment) - Denied
12/30/2013 at 08:30 am
in Department 24, Robert L. Hess, Presiding
Exparte proceeding - Off Calendar
12/04/2013 at 08:33 am
in Department 24, Robert L. Hess, Presiding
Motion Hearing (MOTIONTO Vacate JUDGMENT) - Off Calendar
11/18/2013 at 08:30 am
in Department 24, Robert L. Hess, Presiding
Exparte proceeding - Granted
09/30/2013 in Department
1, Daniel J. Buckley, Presiding
Non-Appearance (Case Review) (REASSIGNMENT TO JUDGE ROBERT L.HESS, DEPT. 24.) -Court makes order
05/09/2006 at 08:29 am
in Department 64, Kenneth R. Freeman, Presiding
OSC RE Dismissal (PURSUANT TO THE SETTLEMENTC/F 5/5/06) - Court makes order
04/28/2006 at 08:30 am
in Department 64, Kenneth R. Freeman, Presiding
Exparte proceeding - Submitted
02/27/2006 at 08:30 am
in Department 64, Kenneth R. Freeman, Presiding
Conference-Post Mediation Status (/SETTLEMENT CONFERENCE) - Case Deemed Settled
11/29/2005 at 08:30 am
in Department 64, Kenneth R. Freeman, Presiding
Conference-Case Management - Trial Date Set
11/08/2005 at 08:28 am
in Department 64, Kenneth R. Freeman, Presiding
Non-Appearance (Case Review) (RE: NTC OF REL CASES W/BC341120) - Court makes order |
UNITED STATES DISTRICT COURT, D. COLORADO.
NATURAL WEALTH REAL ESTATE
·
Civil
Case No. 05-cv-01233-LTB. (D. Colo. Sep 05, 2008)
·
Decided September 5, 2008
NATURAL WEALTH REAL ESTATE, INC.,
a/k/a Greenberg Associates, Inc., d/b/a Agile Advisors, Inc. a Colorado
corporation; TACTICAL ALLOCATION SERVICES, LLC, d/b/a Agile Allocation
Services, LLC, a Colorado limited liability company; AGILE GROUP, LLC, a Delaware
limited liability company; GREENBERG ASSOCIATES SECURITIES, INC., d/b/a Agile
Group, a Colorado corporation; and NEAL R. GREENBERG, a Colorado resident,
Plaintiffs and Counterclaim Defendants, v. LEONARD COHEN, a Canadian citizen
residing in California; KELLEY LYNCH, a United States citizen residing in
California; and JOHN DOE, Numbers 1-25, Defendants, and, LEONARD COHEN, a
Canadian citizen residing in California, Counterclaim Plaintiff, v. TIMOTHY
BARNETT, a Colorado citizen, Counterclaim Defendant.
Civil Case No. 05-cv-01233-LTB.
United States District Court, D.
Colorado.
September 5, 2008
ORDER
LEWIS BABCOCK, Chief District Judge
This matter is before me on
Defendant, Leonard Cohen's, Motion for Summary Judgment as to Plaintiffs' Tenth
Claim for Relief for Interpleader[Docket # 185], Plaintiffs' response [Docket # 196], and Cohen's reply[Docket # 210]. Oral arguments would not materially assist *22 the
determination of this motion.
The allegations in this case are
adequately noted in prior orders of this Court, and I need not repeat them
here. After several years of litigation, each claim and counterclaim in this
case — with the exception of Plaintiffs' interpleader claim now at issue — has
been dismissed. Plaintiffs' interpleader claim concerns approximately $154,000
in funds ("the funds") belonging to Traditional Holdings LLC, an
investment entity created by Cohen and Defendant Lynch for purposes of managing
Cohen's assets. Plaintiffs disavowed any interest in the funds, but requested
interpleader for purposes of settling the conflicting positions of Cohen and
Lynch regarding ownership of the funds. Plaintiffs paid the funds into the
Registry of the Court pending resolution of this issue.
On May 12, 2006, the Superior Court
of California, County of Los Angeles, ruled on the issue of ownership of the
funds, and entered default judgment in favor of Cohen and against Lynch in the
amount of $7.3 million in damages and interest. See Judgment, Cohen v. Lynch, Los Angeles Superior Court Case No.
BC 338322 (May 12, 2006) [Docket # 186-16]. In rendering judgment, the
California court declared Lynch was "not the owner of any assets in
Traditional Holdings, LLC" and any interest Lynch had in "any other
entity related to Cohen . . . she [held] as trustee for Cohen's equitable
title." The California court enjoined Lynch from interfering with Cohen's
right to receive any such funds or property or in any other way exercising
control over any funds or property related to Cohen. The California court
ruling was not appealed and is now final. *33
The final judgment of the California
court settles the dispute between Lynch and Cohen over ownership of the
interpleaded funds. As Plaintiffs are no longer exposed to multiple liability,
Plaintiffs' interpleader claim is now moot.See FED.
R. CIV. P.22(a)(1). When the dispute underlying an interpleader claim is
mooted, the interpleader claim should be dismissed. See Oldcastle Materials, Inc. v. Rohlin, 343 F. Supp. 2d 762, 787 (N.D.
Iowa 2004); Burningtree v. Holland, 760 F. Supp. 118, 119 (E.D. Mich. 1991).
Accordingly, IT IS ORDERED that:
1. Plaintiffs' Tenth Claim for
Relief for Interpleader is DISMISSED;
2. Defendant Cohen's Motion for
Summary Judgment as to Plaintiffs' Tenth Claim for Relief for Interpleader [Docket # 185] is DENIED AS MOOT;
3. The interpleaded funds currently
in the Registry of the Court — including any accrued interest, less the Court
Registry handling fee — shall be disbursed to Defendant Cohen within ten days
of the date of this Order;
4. Each party shall bear its own
attorney fees and costs related to this motion.
