AAA Northern California, Nevada & Utah Insurance Exchange v. Melgar et al

Filing 40

ORDER GRANTING Interpleader and Discharge signed by Magistrate Judge Michael J. Seng on 2/24/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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AAA NORTHERN CALIFORNIA,
NEVADA & UTAH INSURANCE
EXCHANGE,
Plaintiff,
vs.

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AUDELINO MELGAR, ET. AL
Defendants.
AND RELATED CROSS-ACTIONS

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Case No: 1:13-cv-00562-AWI-MJS
ORDER GRANTING
INTERPLEADER AND
DISCHARGE

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The Court, having considered the Stipulation for Interpleader and Discharge

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entered into between Cross-Defendant CENTRAL MORTGAGE COMPANY

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(“CMC”), Defendant and Cross-Complainant FEDERAL NATIONAL

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MORTGAGE ASSOCIATION (“Fannie Mae”), Defendants and Cross-Defendants

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AUDELINO MELGAR and BERTILA MELGAR (collectively referred to as the

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“Melgars”), and Plaintiff CSAA Insurance Exchange, formerly known as AAA

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Northern California, Nevada & Utah (“CSAA IE”) (hereinafter collectively referred

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to as the “Parties”), and for good cause appearing, orders as follows:

-1ORDER GRANTING INTERPLEADER AND DISCHARGE

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1.

CSAA IE shall deposit a check in the amount of Five Hundred, Forty-

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Seven Thousand, Five Hundred Dollars and No Cents ($547,500.00) with the Clerk

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of the Court (“Interpled Funds”), within five (5) court days of this Order;

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2.

Upon the deposit of the Interpled Funds, CSAA IE has satisfied any

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obligation owed in connection with insurance claims arising out of those certain fire

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losses occurring on November 21, 2009 (collectively “Claim”), which claims have

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been asserted or are capable of being asserted under that certain policy of insurance

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issued by CSAA IE, policy number HO-HU3253-7 (“Policy”), insuring property and

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property interests associated with that certain real and personal property located at

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23111 Avenue 18, Madera, California, and subject to the requirements of the law and

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the Policy.

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3.

Upon deposit of the Interpled Funds, CSAA IE is discharged from all

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liability to CMC, Fannie Mae and the Melgars, or any of them, arising out of or

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related to the Claim and Policy.

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4.

Upon deposit of the Interpled Funds, CSAA IE shall be dismissed from

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this action, with prejudice, and no costs, fees, expenses, or damages may be obtained

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by or against CSAA IE and its adjusters, employees, attorneys, and/or assigns for

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any litigation or other activity occurring in connection with this action, Claim, Policy

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or Interpled Funds.

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5.

Upon deposit of the Interpled Funds, CMC, Fannie Mae and the

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Melgars are restrained and enjoined from taking any action or commencing any

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proceeding against CSAA IE and its adjusters, employees, attorneys, and/or assigns,

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in relation to the Claim and Policy, including but not limited to CSAA IE’s

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investigation, adjustment, settlement and disbursement of funds.

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6.

Upon deposit of the Interpled Funds, CSAA IE and its adjusters,

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employees, attorneys, and/or assigns are enjoined from taking any affirmative action

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or commencing any affirmative proceeding against any of the Parties, their adjusters,

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employees, agents, attorneys, or successors and/or insurance companies in privity

-2ORDER GRANTING INTERPLEADER AND DISCHARGE

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with them, in relation to the Claim, Policy and Interpled Funds, including but not

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limited to, any claim for CSAA IE’s attorney fees and costs.

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7.

Neither Fannie Mae, CMC, nor the Melgars are waiving their rights to

assert claims to the entire amount of Interpled Funds.

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IT IS SO ORDERED.

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Dated:

February 24, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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-3ORDER GRANTING INTERPLEADER AND DISCHARGE