Gildner v. New York Life Insurance Company et al

Filing 42

AGREED ORDER all Complaints and Counter-Complaints of the parties against each other are dismissed with prejudice with each party responsible for their own costs and attorneys' fees see Order for specifics. Signed by Honorable Robert T. Dawson on June 24, 2019. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF
ARKANSAS HOT SPRINGS DIVIS10N
CHERYL L. GILDNER, Individually and as
Personal Representative of the
Estate of Neal L. Gildner
PLAINTIFF vs. CASE NO. 6:17-cv-06036-RTD
NEW YORK LIFE INSURANCE COMPANY and CYNTHIA A. GILDNER
DEFENDANTS
AGREED ORDER
As evidenced by the signature of their attorneys below, the Plaintiff, Cheryl L. Gildner,
and the Defendant, Cynthia A. Gildner, have agreed to a compromise settlement of this matter.
As agreed by the parties, it is by the Court ORDERED:
The Clerk is directed to disburse the interpleaded funds as follows:
(1) One Hundred Thousand Dollars ($ 100,000.00) shall be paid to: "Cheryl L. Gildner,
Personal Representative of the Estate of Neal L. Gildner." The check will be forwarded to:
Michael A. Thompson
WRIGHT, LINDSEY & JENNINGS, LLP
200 West Capitol Ave., Suite 2300
Little Rock, AR 72201-3699
(2) The balance of the interpleaded funds, consisting of the remaining principal and the
interest as of the date of the Interpleader Order, along with any interest accrued since the
Interpleader Order will be paid to "Cynthia A. Gildner and her attorneys, McMillan, McCorkle &
Curry, LLP." The check will be forwarded to:

1

F. Thomas Curry
McMILLAN, McCORKLE & CURRY, LLP
929 Main Street
Arkadelphia, AR 71923
As agreed by the parties, it is FURTHER ORDERED that Cynthia A. Gildner will be
responsible for any tax liability for all interest payments included in the funds interpleaded by New
York Life Insurance Company and any interest accrued since the deposit of the interpleaded funds
on October 10, 2017.
All Complaints and Counter-Complaints of the parties against each other are dismissed
with prejudice with each party responsible for their own costs and attorneys' fees.
IT IS SO ORDERED this 24thh day of June 2019.
/s/ Robert T. Dawson

ROBERT T. DAWSON
SENIOR U.S. DISTRICT JUDG

AGREED AND APPROVED:

Michael A. Thompson
Attorney for Cheryl L. Gildner

omas Curry
Attorney for Cynthia A. Gildner