Metropolitan Life Insurance Company v. Martin et al

Filing 33

ORDER on Stipulation of the Parties for: 1.) Plaintiff Metropolitan Life Insurance Company's Dismissal With Prejudice; 2.) Permanent Injunction; and 3.) Metlife's Recovery of Reasonable Attorney's Fees, signed by District Judge Lawrence J. O'Neill on 1/22/13. This Court Intends to Close This Action Unless the Parties, No Later Than January 30, 2013, File Papers to Show Good Cause Not to Close This Action. (Marrujo, C)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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METROPOLITAN LIFE INSURANCE )
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Plaintiff,
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15 ROSEMARY L. MARTIN, an
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individual; and ESTATE OF
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16 SUZANNE ESPARZA,
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Defendants.
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CASE NO.: 12-CV-00422-LJO-MJS
ORDER ON STIPULATION OF
THE PARTIES FOR:
1. PLAINTIFF METROPOLITAN
LIFE INSURANCE COMPANY’S
DISMISSAL WITH PREJUDICE;
2. PERMANENT INJUNCTION;
AND
3. METLIFE’S RECOVERY OF
REASONABLE ATTORNEYS’
FEES
Complaint Filed: March 21, 2012

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BARGER & WOLEN LLP
19800 MACARTHUR BLVD.
EIGHTH FLOOR
IRVINE, CA 92612
[phone]

COURT LANGUAGE ADDED

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ORDER

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Having reviewed the Parties’ Joint Stipulation for Metropolitan Life Insurance

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Company’s (“MetLife”) Discharge, Dismissal with Prejudice, Permanent Injunction

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and Recovery of Reasonable Attorneys’ Fees, and good cause appearing therefore,

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the Court hereby orders as follows:

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1.

Defendants Rosemary L. Martin and the Estate of Suzanne Esparza, and

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each of them, their agents, attorneys and/or assigns, are enjoined and restrained from

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instituting any suit at law or equity, or action of any kind whatsoever, against

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MetLife, AT&T Inc. (“AT&T”) and/or the AT&T Inc. Retired Employees Basic Life

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Insurance Plan (the “Plan”) with respect to the Plan or the Thirty Thousand and Four

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Hundred Dollars ($30,400) (the “Plan Benefits”) that become payable to the proper

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beneficiary upon the death of Vivian M. Bender;

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2.

That MetLife is dismissed with prejudice from this action, and that

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MetLife, AT&T and the Plan are discharged of all liability with respect to the Plan or

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the Plan Benefits;

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3.

That MetLife is awarded the sum of $5,000.00 as its reasonable

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

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Benefits, to be made payable via a check to “Metropolitan Life Insurance Company”

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and to be mailed forthwith to its counsel of record in this action: Barger & Wolen

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LLP, Attention: Robert K. Renner, 19800 MacArthur Boulevard, Suite 800, Irvine,

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California 92612.

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BARGER & WOLEN LLP
19800 MACARTHUR BLVD.
EIGHTH FLOOR
IRVINE, CA 92612
[phone]

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In addition, this Court intends to close this action unless the parties, no

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later than January 30, 2013, file papers to show good cause not to close

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this action.

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IT IS SO ORDERED.

/s/ Lawrence J. O’Neill

January 22, 2013

Dated:

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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BARGER & WOLEN LLP
19800 MACARTHUR BLVD.
EIGHTH FLOOR
IRVINE, CA 92612
[phone]

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