Metropolitan Life Insurance Company v. Dennis J. Gallagher, et al.

Filing 39

ORDER: (1) PERMANENT INJUNCTION; (2) RECOVERY OF REASONABLE ATTORNEYS' FEES; (3) DISTRIBUTION OF FUNDS; (4) DISCHARGE OF FUNDS; (4) DISCHARGE OF METLIFE; AND DISMISSAL OF ACTION WITH PREJUDICE by Judge Beverly Reid O'Connell that Defendants -In-Interpleader Dennis J. Gallagher, Michael P. Gallagher, Regis E. Gallagher and Patrick J. Gallagher, and their agents, attorneys and/or assigns shall be enjoined and perpetually restrained. MetLife be awarded the sum of $3,000 as its reason able attorneys' fees and costs incurred in this action, to be deducted from the remaining Plan Benefits deposited with the Court, the Remaining Plan Benefits in the amount of $9,932.99 shall be distributed in three equal shares by checks. This action is dismissed with prejudice and that MetLife, Exelis and the Plan are discharged of all liability with respect to the Plan Benefits. (MD JS-6. Case Terminated.) (jp)

ORDER

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Having reviewed the Stipulation for Permanent Injunction, Distribution of

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Funds, Discharge of Metropolitan Life Insurance Company (“MetLife”) and

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Dismissal with Prejudice, and for good cause appearing therefore, the Court hereby

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orders as follows:
1. That Defendants-In-Interpleader Dennis J. Gallagher, Michael P.

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Gallagher, Regis E. Gallagher and Patrick J. Gallagher, and their agents, attorneys

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and/or assigns shall be enjoined and perpetually restrained from instituting any suit at

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law or equity, or action of any kind whatsoever, against MetLife, Exelis Inc.

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(“Exelis”), and the Exelis Plan (the “Plan”) with respect to the life insurance benefits

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that became payable upon the death of Edward B. Gallagher (the “Plan Benefits”);
2. That MetLife be awarded the sum of $3,000 as its reasonable attorneys’

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fees and costs incurred in this action, to be deducted from the remaining Plan

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Benefits deposited with the Court (the "Remaining Plan Benefits"), to be made

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payable via a check to “Metropolitan Life Insurance Company” and to be mailed

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forthwith to its counsel of record in this action: Hinshaw & Culbertson LLP,

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Attention: Gail E. Cohen, 633 West Fifth Street, 47th Floor, Los Angeles, California

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90071;
3. That the Remaining Plan Benefits in the amount of $9,932.99 shall be

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distributed in three equal shares by checks made payable as follows:
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$3,311.00 made payable to "Michael P. Gallagher" and mailed to P.O.

Box 414, Big Bear City, California 92314.
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$3,311.00 made payable to "Regis E. Gallagher" and mailed to 5600

Boulder Hwy., Apt. B223, Las Vegas, NV 89122.
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$3,310.99 made payable to "Patrick J. Gallagher" and mailed to P.O.

Box 2604, Big Bear City, California 92314.

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HINSHAW &
CULBERTSON LLP
19800 MACARTHUR BLVD.
EIGHTH FLOOR
IRVINE, CA 92612

-136023402v1 0963241

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4. That this action is dismissed with prejudice and that MetLife, Exelis and
the Plan are discharged of all liability with respect to the Plan Benefits.
IT IS SO ORDERED.

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Dated: March 16, 2015

____________________________________
HONORABLE BEVERLY REID O’CONNELL
UNITED STATES DISTRICT COURT JUDGE

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HINSHAW &
CULBERTSON LLP
19800 MACARTHUR BLVD.
EIGHTH FLOOR
IRVINE, CA 92612

-236023402v1 0963241