Western Reserve Life Assurance Company of Ohio v. Heinrich, et al.

Filing 24

STIPULATION and ORDER for Discharge and Dismissal With Prejudice of Plaintiff Western Reserve Life Insurance Company of Ohio, signed by District Judge Lawrence J. O'Neill on 4/24/14: The Clerk of Court is directed not to close this case. (Hellings, J)

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ADRIENNE C. PUBLICOVER (SBN 161432)
Email:[e-mail]
DENNIS J. RHODES (SBN 168417)
Email:[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor,
San Francisco, CA 94105-2725
Telephone: [phone]
Facsimile: 415.434.1370
Attorneys for Plaintiff,
WESTERN RESERVE LIFE ASSURANCE
COMPANY OF OHIO
JENNIFER J. LOTHERT (SBN 225776)
Email:[e-mail]
YOUNG WARD & LOTHERT
A Professional Law Corporation
995 Morning Star Drive, Suite C
Sonora, CA 95370
Telephone: [phone]
Facsimile: 209.536.2752
Attorneys for Defendants,
CHRISTOPHER PITCHER
RICHARD PITCHER
JENNIFER GOULD (SBN 135855)
[e-mail]
GARVEY SCHUBERT BARER
Eleventh Floor
121 SW Morrison Street, 11th Floor
Portland, OR 97204-3141
Telephone: [phone]
Facsimile: 503.226.0259
Attorneys for Defendants,
SUZETTE HEINRICH
JANET ALDRICH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTERN RESERVE LIFE ASSURANCE )
COMPANY OF OHIO,
)
)
Plaintiff,
)
)
v.
)
)
SUZETTE HEINRICH, JANET ALDRICH, )
CHRISTOPHER PITCHER, and RICHARD )
)
PITCHER, AND DOES 1 – 10,
)
)
)
Defendants

Case No. 1:14-cv-00137-LJO-GSA
STIPULATION AND ORDER FOR
DISCHARGE AND DISMISSAL WITH
PREJUDICE OF PLAINTIFF WESTERN
RESERVE LIFE ASSURANCE COMPANY
OF OHIO
The Honorable Gary S. Austin

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STIPULATION AND ORDER FOR DISCHARGE AND DISMISSAL WITH PREJUDICE
USDC EASTERN DISTRICT CASE NO. 1:14-cv-00137-LJO-GSA

1197185v.1

IT IS HEREBY STIPULATED, by and between plaintiff Western Reserve Life Assurance

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Company of Ohio (“Western Reserve Life”), and defendants Suzette Heinrich, Janet Aldrich,

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Christopher Pitcher, and Richard Pitcher:
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That this Court may enter an order discharging Western Reserve Life as set forth

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That, by reason of the death of Gregory Pitcher (“Decedent”), on or about July 29,

herein;

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2013, a death benefit in the amount of $156,937.27, (“the Benefit Proceeds”), became payable

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under life insurance policy no. 014172652 (“the Policy”) issued to Decedent.

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3.

That defendants Suzanne Heinrich, Janet Aldrich, Richard Pitcher and Christopher

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Pitcher each claim entitlement to some or all of the Benefit Proceeds and that, to date, no other

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person or entity currently makes claim to Western Reserve Life for the Benefit Proceeds;

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4.

That Western Reserve Life was ready, willing, and able to deliver the Benefit

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Proceeds to the person(s) legally entitled thereto. However, by reason of the actual and potential

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competing claims to the Benefit Proceeds, Western Reserve Life did not know and was unable to

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determine the person(s) legally entitled to them;

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5.

That concurrently with the filing of its complaint in interpleader, Western Reserve

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Life deposited with the Clerk of this Court the Benefit Proceeds, totaling One Hundred Fifty Seven

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Thousand, Three Hundred Thirty-Two Dollars and Eighty-Seven Cents ($157,332.87), which

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represents the insurance proceeds payable under the Policy, plus interest;

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6.

That having deposited the monies with the Clerk of the Court on or about January

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30, 2014, Western Reserve Life, its predecessors, successors, affiliates, parent corporation, officers

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and agents are fully and forever released, discharged, and acquitted from any liability of any kind or

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nature whatsoever under the Policy or by reason of the death of Decedent as to any and all claims,

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charges, demands, or otherwise that exist now or may arise at any time in the future;

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7.

That Western Reserve Life is entitled to fees in the amount of $4,932.00 and costs of

$1,637.06, for a total of $6,596.06, to be paid out of the Benefit Proceeds deposited with the Clerk

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STIPULATION AND ORDER FOR DISCHARGE AND DISMISSAL WITH PREJUDICE
USDC EASTERN DISTRICT CASE NO. 1:14-cv-00137-LJO-GSA

1197185v.1

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of this Court and made payable to “Western Reserve Life Assurance Company of Ohio,” c/o

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Wilson, Elser, 525 Market St., 17th Floor, San Francisco, CA 94105, Attn. Dennis J. Rhodes;

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That in the event the Court awards defendants Richard Pitcher and Christopher

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Pitcher a share of the Benefit Proceeds, Richard Pitcher and Christopher Pitcher shall provide to

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defendants Suzette Heinrich and Janet Aldrich 50% of Western Reserve Life’s fees and costs

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awarded herein, which 50% share amounts to $3,273.03, from the Benefit Proceeds awarded to

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them, if any;

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That defendants Suzette Heinrich, Janet Aldrich, Richard Pitcher and Christopher

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Pitcher and their heirs, estates, representatives and/or agents are permanently enjoined from

10

instituting or prosecuting any proceeding in any state or United States court against Western

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Reserve Life, its predecessors, successors, affiliates, parent corporation, officers and agents with

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respect to the Policy, and/or related to the Policy, the handling of the claims for benefits, the

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proceeds due under the Policy and the interpleader action; and

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10.

That Western Reserve Life is dismissed from this action with prejudice.

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Date: April 24, 2014

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
LLP

By:

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Date: April 24, 2014

/s/ Dennis J. Rhodes
Adrienne C. Publicover
Dennis J. Rhodes
Attorneys for Plaintiff
Western Reserve Life Assurance Company of Ohio

YOUNG WARD & LOTHERT

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By:

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/s/ Jennifer J. Lothert
Jennifer J. Lothert
Attorneys for Defendants,
Christopher Pitcher
Richard Pitcher

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STIPULATION AND ORDER FOR DISCHARGE AND DISMISSAL WITH PREJUDICE
USDC EASTERN DISTRICT CASE NO. 1:14-cv-00137-LJO-GSA

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Date: April 24, 2014

GARVEY SCHUBERT BARER

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By: /s/ Jennifer Gould
Jennifer Gould
Attorneys for Defendants
Suzette Heinrich
Janet Aldrich

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ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
The Clerk of Court is directed not to close this case.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

April 24, 2014

UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER FOR DISCHARGE AND DISMISSAL WITH PREJUDICE
USDC EASTERN DISTRICT CASE NO. 1:14-cv-00137-LJO-GSA

1197185v.1