Herman Roy Beckham v. Scott & Associates, P.C.

Western District of Texas, txwd-5:2018-cv-01123

MOTION for Disbursement of Funds from the Court's Registry by Scott & Associates, P.C.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION HERMAN ROY BECKHAM, § § Plaintiff, § § v. CASE NO. 5:18-cv-01123-OLG § § § SCOTT & ASSOCIATES PC, § § Defendant. § DEFENDANT SCOTT & ASSOCIATES, PC's MOTION TO DISBURSE FUNDS FROM THE COURT'S REGISTRY TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant Scott & Associates, PC ("Defendant"), and files this Motion to Disburse Funds from the Court's Registry, and will show onto this Court as follows: I. 1. Defendant previously requested leave from this court to interplead $5,000.00 into the Court's registry. Doc. 8. 2. The Court granted Defendant's request on April 22, 2019. Doc. 9. 3. The check for the funds was delivered to the Clerk for the Western District of Texas on April 24, 2019. 4. The funds were interpleaded into the Court's registry. 5. This case was now been resolved between the Parties. Doc. 10. 6. Subject to Federal Rule 67 and 28 U.S.C. § 2042, Defendant now requests this Court enter an order disbursing the funds previously interpleaded into the Court's registry. Defendant requests Motion to Disburse Funds from the Court's Registry Page 1 of 3 122.0082 Motion to Disburse Funds.docx that the funds be disbursed back to Defendant Scott & Associates, PC, in care of its attorneys, Malone Frost Martin, PLLC. WHEREFORE, PREMISES CONSIDERED, Defendant Scott & Associates, PC, respectfully requests that this Court grant this Motion to Disburse Funds from the Court's Registry, and requests that this Court issue an order for the disbursement of the $5,000.00 previously interplead with the Court by Defendant, in accordance with the attached proposed order. Respectfully submitted, MALONE FROST MARTIN PLLC /s/ Robbie Malone ROBBIE MALONE Texas State Bar No. 12876450 Email: rmalone@mamlaw.com EUGENE XERXES MARTIN, IV Texas State Bar No. 24078928 Email: xmartin@mamlaw.com JACOB MICHAEL BACH Texas State Bar No. 24100919 Email: jbach@mamlaw.com MALONE FROST MARTIN PLLC Northpark Central, Suite 1850 8750 North Central Expressway Dallas, Texas 75231 TEL: (214) 346-2630 FAX: (214) 346-2631 COUNSEL FOR DEFENDANT SCOTT & ASSOCIATES, PC [CERTIFICATE OF SERVICE ON NEXT PAGE] Motion to Disburse Funds from the Court's Registry Page 2 of 3 122.0082 Motion to Disburse Funds.docx CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been forwarded through the CM/ECF system on this 24th day of July 2019 to the following recipients: William M. Clanton Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, TX 78216 bill@clantonlawoffice.com Attorney for Plaintiff /s/ Robbie Malone ROBBIE MALONE Motion to Disburse Funds from the Court's Registry Page 3 of 3 122.0082 Motion to Disburse Funds.docx