Primerica Life Insurance Company v. Davila et al

Filing 49

JOINT STIPULATION and ORDER Regarding Receipt of Interpleaded Funds and Dismissal of Action, signed by Magistrate Judge Sandra M. Snyder on 1/11/12. CASE CLOSED. (Gonzalez, R)

1 John G. Michael #106107
[e-mail]
2 Elisabeth F. Tietjen #258704
[e-mail]
3 BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue, Fourth Floor
4 Fresno, California 93704
Telephone: [phone]
5 Facsimile: 559.432.5620
6 Attorneys for Defendant and Counter-Defendant Maycelle Davila
7 David M. Gilmore, #105429
[e-mail]
8 Jody L. Winter, #249592
[e-mail]
9 GILMORE, WOOD, VINNARD & MAGNESS
P.O. Box 28907
10 Fresno, Ca 93729-8907
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Defendant/Counterclaimant Jill Davila
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

15
PRIMERICA LIFE INSURANCE
16 COMPANY,

CASE No. 1:10 CV-01924 SMS

17

JOINT STIPULATION REGARDING
RECEIPT OF INTERPLEADED FUNDS
AND DISMISSAL OF ACTION

18

Plaintiff,
v.

Judge: Hon. Sandra M. Snyder
19 JILL DAVILA, an individual, MAYCELLE
DAVILA, an individual,
20
Defendants.
21

Trial Date:

March 20, 2012

22 JILL DAVILA, an individual,
23
24

Counter-Complainant,
v.

25 PRIMERICA LIFE INSURANCE
COMPANY AND MAYCELLE DAVILA,
26
Counter-Defendants.
27
28
1048577v1 / 17264.0002

JOINT STIPULATION REGARDING RECEIPT OF INTERPLEADED FUNDS AND DISMISSAL OF
ACTION

1

IT IS HEREBY STIPULATED AND AGREED by and between Defendant and

2 Counter-Complainant Jill Davila ("Jill") and Defendant and Counter-Defendant Maycelle Davila,
3 ("Maycelle") by and through their respective counsel, as follows:
4

1.

Counsel for Maycelle acknowledges receipt of $100,000 of the interpleaded

5 funds by check made payable to Maycelle Davila.
6

2.

Counsel for Jill acknowledges receipt of $100,000 of the interpleaded funds

7 by check made payable to “Jill Davila or Gilmore, Wood, Vinnard & Magness Client Trust
8 Account.”
9

3.

Counsel for Jill, on behalf of Gary L. Winter, counsel for the Larry Davila,

10 Jr. Legacy Trust, also acknowledges receipt of the balance of the interpleaded funds by check
11 made payable to the “Gary L. Winter, Inc. Client Trust Account FBO The Larry Davila, Jr.
12 Legacy Trust.”
13

4.

All interpleaded funds have been properly distributed by the Court and the

14 parties request that this case now be dismissed with prejudice.
15 DATED: December 21, 2011
16

BAKER MANOCK & JENSEN, PC

17
By:

18

/s/ John G. Michael
John G. Michael
Elisabeth F. Tietjen
Attorneys for Defendant and CounterDefendant Maycelle Davila

19
20
21 DATED: December 21, 2011

GILMORE, WOOD, VINNARD & MAGNESS

22
23

By:

24

/s/ Jody L. Winter
David M. Gilmore
Jody L. Winter
Attorneys for Defendant and Counter-Claimant
Jill Davila

25
26
27
28

1048577v1 / 17264.0002

2

JOINT STIPULATION REGARDING RECEIPT OF INTERPLEADED FUNDS AND DISMISSAL OF
ACTION

1

ORDER

2

Having read the stipulation of the remaining parties in this case, and good cause

3 appearing therefore:
4

IT IS HEREBY ORDERED:

5

1. That this case is dismissed in its entirety with prejudice;

6

2. That all court dates and/or deadlines set herein (Doc. 18), including the Pretrial

7

Conference set 2/7/12 at 10:00 a.m. in Courtroom No. 1 before Judge Snyder

8

(SMS), and the Trial set 3/20/12 at 9:00 a.m. in Courtroom No. 1 before Judge

9

Snyder (SMS), are VACATED.
3. The Clerk’s Office administratively close the file forthwith.

10
11
12
13

14 IT IS SO ORDERED.
15
16

Dated:

January 11, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

17 icido34h
18
19
20
21
22
23
24
25
26
27
28

1048577v1 / 17264.0002

3

JOINT STIPULATION REGARDING RECEIPT OF INTERPLEADED FUNDS AND DISMISSAL OF
ACTION