Aetna Life Insurance Company vs. Ernest Gonzales et al.

Filing 36

ORDER DISMISSING ERNEST )GONZALES, DISMISSING )PLAINTIFF-IN-INTERPLEADER )DISBURSING FUNDS, AND )AWARDING ATTORNEYS FEES by Judge George H. Wu. Ernest Gonzales is dismissed from this action with prejudice and thesuccessor or representative of Ernest Gonzales is permanently enjoined. Aetna is dismissed from the interpleader action with prejudice. Aetna is awarded attorneys fees in the amount of $2,648.53, which were incurred by Aetna in connection with the above-captioned action, as well as costs of $460.00. This total of $3,108.53 in costs and fees shall be paid out of the amount deposited with the Court to Aetna in connection with the above captioned action;, (Made JS-6. Case Terminated.) (pj)

JS-6
1 KIRK R. PRESLEY (SBN 145778)

PRESLEY & PRESLEY LLC

2 4801 Main Street, Ste. 375

Kansas City, Missouri 64112

3 Telephone: [phone]

Fax: [phone]

4 Email: [e-mail]

Attorneys for Defendant Estate of Naomi

5 M. Gonzales
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

11 AETNA LIFE INSURANCE
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COMPANY,
Plaintiff,

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vs.

15 ERNEST GONZALES, An Individual,

And ESTATE OF NAOMI M.

16 GONZALES
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Defendants.

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) Case No: CV 14-7850-GW(JPRx)
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)ORDER DISMISSING ERNEST
)GONZALES, DISMISSING
)PLAINTIFF-IN-INTERPLEADER
)DISBURSING FUNDS, AND
)AWARDING ATTORNEYS FEES
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On this day the Court takes up the matter of Aetna Life Insurance Company v.

20 Ernest Gonzales and Estate of Naomi M. Gonzales and hereby finds and ORDERS as
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1. Defendant Ernest Gonzales was served, failed to answer and was declared
in default by this Court prior to his death;
2. This Court and all parties were informed of the death of Defendant Ernest
Gonzales pursuant to Rule 25(a)(1) on March 26, 2015;
3. No party or the successor or representative of Ernest Gonzales moved
pursuant to Rule 25 to substitute a proper party to represent the interests of

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-1ORDER DISMISSING ERNEST GONZALES, DISMISSING PLAINTIFF-IN-INTERPLEADER,
DISBURSING FUNDS, AND AWARDING ATTORNEYS’ FEES

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Ernest Gonzales within ninety days (June 24, 2015) of all parties being

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informed pursuant to Rule 25(a)(1) of the death of Ernest Gonzales;

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4. Ernest Gonzales is dismissed from this action with prejudice and the

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successor or representative of Ernest Gonzales is permanently enjoined

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from asserting any future claims or proceedings of any type against Aetna,

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it parent companies, subsidiaries, affiliates, principles, agents assignees,

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employees, representatives and attorneys relating to the funds deposited

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with the Court by Aetna in conjunction with the above-captioned action,

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which funds encompass the money owed including interest and costs, under

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the life insurance policy issued to Yolanda Gonzales, policy number

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N39150910 (“Policy”). Such action is proper as a result of Ernest

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Gonzales’s failure to assert his interests to such funds during his lifetime

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and his successor or representative’s failure to timely move for substitution

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pursuant to Rule 25;

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5. Upon the dismissal of Ernest Gonzales from this action, there is no longer a

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case or controversy between any parties as the Estate of Naomi Gonzales is

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the sole beneficiary of the Policy. Moreover, Aetna no longer runs the risk

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of Multiple liability resulting from payment of the Policy proceeds to the

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Estate of Naomi Gonzales;

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6. Plaintiff-in-Interpleader Aetna Life Insurance Company (“Aetna”) is

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discharged from any further liability to the Estate of Naomi Gonzales with

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respect to all disputed funds deposited with the Court through the date of

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this order;

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7. Aetna is dismissed from the interpleader action with prejudice;

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8. The Estate of Naomi Gonzales is permanently enjoined from asserting any

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future claims or proceedings of any type against Aetna, its parent

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companies, subsidiaries, affiliates, principles, agents, assignees, employees,

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-2ORDER DISMISSING ERNEST GONZALES, DISMISSING PLAINTIFF-IN-INTERPLEADER,
DISBURSING FUNDS, AND AWARDING ATTORNEYS’ FEES

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representatives and attorneys relating to the funds deposited with the Court

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by Aetna in conjunction with the above-captioned action, which funds

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encompass the money owed, including interest and costs, under the Policy;

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9. Aetna is awarded attorneys’ fees in the amount of $2,648.53, which were

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incurred by Aetna in connection with the above-captioned action, as well as

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costs of $460.00. This total of $3,108.53 in costs and fees shall be paid out

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of the amount deposited with the Court to Aetna in connection with the

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above captioned action; and

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10. The remaining balance of the amount deposited with the Court in

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connection with this action shall be paid out to Jerrod Gonzales, as

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Administrator for the Estate of Naomi Gonzales, Deceased and Presley &

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Presley LLC, his attorneys.

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15 DATE: May 26, 2015

By:
HON. GEORGE H. WU, UNITED STATES
DISTRICT JUDGE

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20 Agreed as to form:
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__________________________

22 By:/S/KIRK R. PRESLEY

KIRK R. PRESLEY, Esq. #145778
23 PRESLEY AND PRESLEY, LLC
24 4801 Main Street, Suite 375

Kansas City, Missouri 64112
25 [phone] telephone
26 [phone] facsimile

ATTORNEY FOR DEFENDANT

27 ESTATE OF NAOMI GONZALES.
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-3ORDER DISMISSING ERNEST GONZALES, DISMISSING PLAINTIFF-IN-INTERPLEADER,
DISBURSING FUNDS, AND AWARDING ATTORNEYS’ FEES

1 By:/S/ HILARY E. FEYBUSH

RONALD K. ALBERTS #100017

2 HILARY E. FEYBUSH #280714

GORDON & REES

3 633 West Fifth Street, 52nd Floor

Los Angeles, CA 90071

4 ATTORNEY FOR PLAINTIFF AETNA

LIFE INSURANCE COMPANY

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-4ORDER DISMISSING ERNEST GONZALES, DISMISSING PLAINTIFF-IN-INTERPLEADER,
DISBURSING FUNDS, AND AWARDING ATTORNEYS’ FEES