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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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 11 12 13 14 AAA NORTHERN CALIFORNIA, NEVADA & UTAH INSURANCE EXCHANGE, Plaintiff, vs. 15 16 17 18 19 AUDELINO MELGAR, ET. AL Defendants. AND RELATED CROSS-ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) Case No: 1:13-cv-00562-AWI-MJS ORDER GRANTING INTERPLEADER AND DISCHARGE 20 21 The Court, having considered the Stipulation for Interpleader and Discharge 22 entered into between Cross-Defendant CENTRAL MORTGAGE COMPANY 23 (“CMC”), Defendant and Cross-Complainant FEDERAL NATIONAL 24 MORTGAGE ASSOCIATION (“Fannie Mae”), Defendants and Cross-Defendants 25 AUDELINO MELGAR and BERTILA MELGAR (collectively referred to as the 26 “Melgars”), and Plaintiff CSAA Insurance Exchange, formerly known as AAA 27 Northern California, Nevada & Utah (“CSAA IE”) (hereinafter collectively referred 28 to as the “Parties”), and for good cause appearing, orders as follows: -1ORDER GRANTING INTERPLEADER AND DISCHARGE 1 1. CSAA IE shall deposit a check in the amount of Five Hundred, Forty- 2 Seven Thousand, Five Hundred Dollars and No Cents ($547,500.00) with the Clerk 3 of the Court (“Interpled Funds”), within five (5) court days of this Order; 4 2. Upon the deposit of the Interpled Funds, CSAA IE has satisfied any 5 obligation owed in connection with insurance claims arising out of those certain fire 6 losses occurring on November 21, 2009 (collectively “Claim”), which claims have 7 been asserted or are capable of being asserted under that certain policy of insurance 8 issued by CSAA IE, policy number HO-HU3253-7 (“Policy”), insuring property and 9 property interests associated with that certain real and personal property located at 10 23111 Avenue 18, Madera, California, and subject to the requirements of the law and 11 the Policy. 12 3. Upon deposit of the Interpled Funds, CSAA IE is discharged from all 13 liability to CMC, Fannie Mae and the Melgars, or any of them, arising out of or 14 related to the Claim and Policy. 15 4. Upon deposit of the Interpled Funds, CSAA IE shall be dismissed from 16 this action, with prejudice, and no costs, fees, expenses, or damages may be obtained 17 by or against CSAA IE and its adjusters, employees, attorneys, and/or assigns for 18 any litigation or other activity occurring in connection with this action, Claim, Policy 19 or Interpled Funds. 20 5. Upon deposit of the Interpled Funds, CMC, Fannie Mae and the 21 Melgars are restrained and enjoined from taking any action or commencing any 22 proceeding against CSAA IE and its adjusters, employees, attorneys, and/or assigns, 23 in relation to the Claim and Policy, including but not limited to CSAA IE’s 24 investigation, adjustment, settlement and disbursement of funds. 25 6. Upon deposit of the Interpled Funds, CSAA IE and its adjusters, 26 employees, attorneys, and/or assigns are enjoined from taking any affirmative action 27 or commencing any affirmative proceeding against any of the Parties, their adjusters, 28 employees, agents, attorneys, or successors and/or insurance companies in privity -2ORDER GRANTING INTERPLEADER AND DISCHARGE 1 with them, in relation to the Claim, Policy and Interpled Funds, including but not 2 limited to, any claim for CSAA IE’s attorney fees and costs. 3 4 7. Neither Fannie Mae, CMC, nor the Melgars are waiving their rights to assert claims to the entire amount of Interpled Funds. 5 6 IT IS SO ORDERED. 7 8 9 Dated: February 24, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3ORDER GRANTING INTERPLEADER AND DISCHARGE

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