The opinion of the court was delivered by: Hon. Ronald M. Whyte U.S. District Court Jude
Defendant's Stipulation And (Proposed) Order Assigning Rights To His Cash Bond And Directing Payment Of Proceeds Upon Exoneration Now comes the defendant Michael A. Daly and stipulates and agrees that all of his rights and interests in the five hundred thousand dollar ($500,000.00) cash bond posted in this case ("Bond") are assigned to Cisco Systems, Inc. ("Cisco"), in partial satisfaction of his obligations under the Settlement Agreement executed on or about March 6, 2010, ("Settlement Agreement") between the defendant and Cisco and the defendant further requests that upon exoneration of the Bond all proceeds are to be paid to Cisco as specified herein.
The Settlement Agreement resolved Cisco's restitution claim against the defendant and payment of the proceeds of the Bond to Cisco is necessary in order for the defendant to comply with the terms of the Settlement Agreement and make restitution as agreed.
Wherefore, with the concurrence of Assistant United States Attorney Richard Cheng, counsel for the United States, the defendant respectfully requests that this Court Order that upon exoneration of the Bond, the proceeds of the Bond shall be disbursed to Cisco, in care of its counsel Jeffrey Hallam, Esq., Sideman and Bancroft LLP, One Embarcadero Center, 8th Floor, San Francisco, CA 94111 (telephone (415) 392-1960). Respectfully Submitted,
By the Defendant's Attorney,
Liam Scully Liam D. Scully (Pro hac vice) Pavlos Vitali & Scully 142 Main Street, #406 Brockton, MA 02301 (508) 894-0050 Dated: November 28, 2010
Assented To: Richard Cheng, Esq. Richard Cheng United States Attorney's Office
It is hereby ordered that upon exoneration of the cash bond posted by the defendant in this case as a condition of his release, the proceeds of the Bond shall be disbursed to Cisco Systems, Inc., in care of its counsel Jeffrey Hallam, Esq., Sideman and Bancroft LLP, One Embarcdero Center, 8th Floor, San Francisco, CA 94111 (telephone (415) 392-1960).
I hereby certify that a copy of the above motion was served electronically on this date to Assistant U.S. Attorney Richard Cheng, United States Attorney's Office, NDCA, 150 Almaden Blvd., Suite 900 San Jose, CA 9511. /s/ Liam Scully November 28, 2010.
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