The United States Life Insurance Company in the City of New York v. Brian H. Gentner et al

Filing 34

STIPULATED JUDGMENT of Discharge in Interpleader and For Distribution of Interpled Funds 33 by Judge Andrew J. Guilford: See document for further information. (MD JS-6, Case Terminated). (lwag)

1 MICHAEL K. BRISBIN (SBN 169495)
Email: [e-mail]
2 DENNIS J. RHODES (SBN 168417)
Email: [e-mail]
JS-6
3 WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
4 525 Market Street, 17th Floor
San Francisco, CA 94105
NOTE: CHANGES MADE BY THE COURT
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Plaintiff,
7 THE UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK
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9
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 THE UNITED STATES LIFE
INSURANCE COMPANY IN THE
13 CITY OF NEW YORK,
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15

Plaintiff,
v.

Case No.:SACV15-00352-AG-(JCGx)
STIPULATED JUDGMENT OF
DISCHARGE IN INTERPLEADER
AND FOR DISTRIBUTION OF
INTERPLED FUNDS

16 BRIAN H. GENTNER as TRUSTEE OF
Complaint Served: 3/6/15
THE GENTNER SURVIVOR’S TRUST
17 DATED DECEMBER 8, 1981, CHASE as
SUCCESSOR-IN-INTEREST TO BANK
18 ONE, as SUCCESSOR-IN-INTEREST
TO VALLEY NATIONAL BANK LIFE
19 INSURANCE TRUST ACCOUNT #B252
and Does 1-10, inclusive,
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Defendants.
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Upon the Stipulation for Entry of Judgment of Discharge in Interpleader and

25 for Distribution of Interpled Funds, it appearing that this Court has jurisdiction of
26 the parties and of the subject matter set forth in plaintiff The United States Life
27 Insurance Company in the City of New York’s (“US Life”) Complaint for
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STIPULATED JUDGMENT OF DISCHARGE IN INTERPLEADER AND FOR DISTRIBUTION OF INTERPLED
FUNDS
1412719v.1

USDC CDCA Case No.: SACV15-00352AG(JCGx)

1 Interpleader and Declaratory Relief filed in this action, and good cause appearing
2 therefore,
3

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

4

1.

That this Court has jurisdiction over this matter pursuant to 28 U.S.C.

5 Section 1335;
6

2.

That US Life properly filed the Complaint for Interpleader and

7 Declaratory Relief in this action and stated a proper cause for interpleader;
8

3.

That US Life and defendant Gentner have agreed that the $10,136.13

9 interpled by US Life with the Court in this action, plus any interest accrued while on
10 deposit with the Court and minus any fees assessed by the Court, shall be paid to
11 “The Gentner Decedent’s Trust, Brian H. Gentner, Trustee” c/o Brian Gentner,
12 18201 Von Karman Avenue, Suite 900, Irvine, CA 92612;
13

4.

That defendant Chase has no further claim to or interest in the death

14 benefit due under US Life group policy no. G230, 808 (the “Policy”), which
15 provided life insurance coverage to Decedent George Gentner;
16

5.

That having brought this action and deposited with the Court the death

17 benefit due under the Policy plus accrued interest, in the amount of $10,136.13, US
18 Life hereby is discharged from any and all liability to Defendant Gentner based upon
19 and/or with respect to the terms of the Policy, the death benefit payable under the
20 Policy, the death of Decedent (Dr. George Gentner) and/or defendant Gentner’s
21 claim for the death benefit payable under the Policy;
22

6.

That the Court, including its appropriate representative, shall pay and/or

23 distribute the $10,136.13 interpled by US Life in this action, plus any interest
24 accrued while on deposit with the Court and minus any fees assessed by the Court,
25 to “The Gentner Decedent’s Trust, Brian H. Gentner, Trustee” c/o Brian Gentner,
26 18201 Von Karman Avenue, Suite 900, Irvine, CA 92612;
27

7.

That defendant Gentner hereby is permanently restrained and/or

28 prohibited from instituting or prosecuting any proceeding in any state court, United
2
STIPULATED JUDGMENT OF DISCHARGE IN INTERPLEADER AND FOR DISTRIBUTION OF INTERPLED
FUNDS
1412719v.1

USDC CDCA Case No.: SACV15-00352AG(JCGx)

1 States Court or administrative tribunal against US Life based upon and/or with
2 respect to the terms of the Policy, the death benefit payable under the Policy,
3 defendant Gentner’s claim for the death benefit payable under the Policy, and US
4 Life’s handling of the Policy, administration of the Policy or its handling of
5 defendant Gentner’s claim for the death benefit;
6

8.

That a judgment of discharge in interpleader hereby is entered in favor

7 of US Life in this action as to defendant Gentner and defendant Chase; and
8

9.

That all parties are to bear their own fees and costs with respect to the

9 litigation of this action, including with respect to the Stipulation for Entry of
10 Judgment of Discharge in Interpleader and for Distribution of Interpled Funds and
11 this Stipulated Judgment.
12
13 IT IS SO ORDERED AND ADJUDGED.
14
15 August 14, 2015
16
________________________________________

17

Honorable Andrew J. Guilford
UNITED STATES DISTRICT JUDGE

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STIPULATED JUDGMENT OF DISCHARGE IN INTERPLEADER AND FOR DISTRIBUTION OF INTERPLED
FUNDS
1412719v.1

USDC CDCA Case No.: SACV15-00352AG(JCGx)