Protective Life Insurance Company v. Ungar et al

Filing 13

ORDER RE: Discharge and Award of Costs and Attorneys' Fees to Plaintiff Protective Life Insurance Company, signed by District Judge Anthony W. Ishii on 4/10/13.(Hellings, J)

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SEYFARTH SHAW LLP
Lawrence E. Butler (State Bar No. 111043)
[e-mail]
Andrea K. Anapolsky (State Bar No. 238297)
[e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PROTECTIVE LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PROTECTIVE LIFE INSURANCE
COMPANY,

)
)
)
Plaintiff,
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v.
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DAVID T. UNGAR, an individual, STACEY )
UNGAR NASH, an individual, JAMIE
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UNGAR, an individual, and JILL UNGAR, an )
individual,
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)
Defendants.
)
)

Case No. 1:13-cv-00127-AWI-JLT
ORDER RE: DISCHARGE AND
AWARD OF COSTS AND
ATTORNEYS’ FEES TO PLAINTIFF
PROTECTIVE LIFE INSURANCE
COMPANY

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The Court, having considered the Stipulation to Discharge and Award of Costs and

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Attorneys’ Fees, attached hereto as Exhibit A, in the above-captioned matter, and the Settlement

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Agreement between the Defendants or Claimants upon the insurance funds and the Agreement

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between David Ungar, Stacey Nash, and Jamie Ungar to have their proceeds issued by check

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made out to David Ungar, both attached hereto as Exhibit B, as well as all the records and files

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herein, and good cause appearing therefore,

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HEREBY ORDERS:

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1.

Protective Life Insurance Company (“Protective”) is hereby discharged from any

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and all liability on or arising out of:

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(a)

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life insurance policy no. FT0021464 (the “Policy”) issued by Protective;
and

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[Proposed] Order Regarding Discharge and Award Costs and Attorneys’ Fees;
Case No. 1:13-cv-00127-AWI-JLT

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(b)

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the rights and obligations of the parties to this action with respect to any
and all proceeds under the Policy;

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2.

The Policy is void and of no further force and effect;

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3.

From the money that was deposited by Protective with the Clerk of this Court,

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Protective is awarded $4,040.64, which reflects all costs and reasonable attorney

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fees incurred in bringing and maintaining the present action;

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4.

Defendants are permanently enjoined from instituting or prosecuting any other

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actions against Protective regarding the Policy, including but not limited to any

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claim related to the Aviation Exclusion Rider, which was attached to and

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incorporated in the Policy; and

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5.

The remaining $84,440.04 to be disbursed to the Defendants or Claimants upon

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the insurance proceeds as follows:

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

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be delivered to the following address: David T. Ungar, 8200 Kroll Way, #265,

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Bakersfield, CA 93311.

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

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amount of $68,440.04, check to be delivered to the following address: 10781

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West Twain Avenue, Las Vegas, Nevada 89135.

A check made payable to-- David T. Ungar in the amount of $16,0000, to

A check made payable to Jill Ungar and Mortenson & Rafie, LLP in the

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IT IS SO ORDERED.
Dated:

April 10, 2013
SENIOR DISTRICT JUDGE

DEAC_Signature-END:

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0m8i788

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[Proposed] Order Regarding Discharge and Award Costs and Attorneys’ Fees;
Case No. 1:13-cv-00127-AWI-JLT