State Farm Life Insurance Company v. Barnett et al

Filing 19

STIPULATED JUDGMENT IN INTERPLEADER signed by Judge Garland E. Burrell, Jr., on 12/23/14. Plaintiff State Farm Life Insurance Company is hereby DISMISSED with prejudice from this action. Defendants shall file a joint status report no later than 14 days prior to the 1/26/2015 Status Conference. (Kastilahn, A)

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Robert R. Pohls (California Bar #131021)
POHLS & ASSOCIATES
1550 Parkside Drive, Suite 260
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
State Farm Life Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STATE FARM LIFE INSURANCE
COMPANY,
Plaintiff,

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Case No. 14-CV-01688-GEB-SAB
STIPULATED JUDGMENT
IN INTERPLEADER

vs.
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LUZ PATRICIA BARNETT, JENNA
McCAIN and KYLE BARNETT,

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Defendants.

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Having reviewed the parties’ Stipulation and Order for Entry of Judgment in

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Interpleader, (ECF No. 18), and it appearing that plaintiff State Farm Life Insurance

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Company ("State Farm") has brought this action in interpleader, that this Court has

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jurisdiction of the parties and of the subject herein, and that good cause appears

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therefor,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

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1. State Farm properly filed its Complaint in Interpleader herein, and that this is

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a proper cause for interpleader.

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STIPULATED JUDGMENT IN INTERPLEADER
Case No. 14-CV-01688-GEB-SAB

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2. By reason of the death of Justin Barnett (the “Decedent”) on or about July 27,

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2014, the total sum of $250,024.95 (the “Proceeds”) became due and payable

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under State Farm’s life insurance policy number LF-2251-5400 (the “Policy”).

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3. Defendant Luz Patricia Barnett, defendant Jenna McCain, and defendant Kyle

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Barnett each claim all or some portion of Proceeds. No other person or entity

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has made a claim to the Proceeds.

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4. Having deposited the sum of $252,273.67 (representing the Proceeds plus

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interest) with the Clerk of this Court on or about October 29, 2014, State Farm

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and its heirs, assigns, agents, employees, agent-employees, servants,

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directors, officers, attorneys, predecessors, successors, parent companies,

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subsidiaries, and affiliates, and each of them be and hereby are released,

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discharged and acquitted of and from any liability of any kind or nature

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whatsoever under the Policy;

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5. State Farm be and hereby is awarded the sum of $1,000.00 for the attorneys’

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fees and costs it incurred in connection with this action, and the Clerk of the

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Court be and hereby is directed to pay that sum to State Farm, from and out

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of the funds deposited herein, by check made payable to “State Farm Life

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Insurance Company” and delivered via first class mail to its attorneys of

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record at the following address: Pohls & Associates, Att’n: Robert R. Pohls,

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1550 Parkside Drive, Suite 260, Walnut Creek, California 94596;

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6. Defendant Jenna McCain and defendant Kyle Barnett be and hereby are

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jointly the sum of $125,636.84 as that portion of the funds deposited herein

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as to which defendant Luz Patricia Barnett makes no claim, and the Clerk of

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the Court be and hereby is directed to pay that sum jointly to defendant

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Jenna McCain and defendant Kyle Barnett, from and out of the funds

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deposited herein, by check made payable to “Len Tillem & Associates in

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trust for Kyle Barnett and Jenna McCain” and delivered via first class mail to

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STIPULATED JUDGMENT IN INTERPLEADER
Case No. 14-CV-01688-GEB-SAB

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their attorneys of record at the following address: Len Tillem & Associates,

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Att’n: Audrey J. Gerard, 846 Broadway, Sonoma, California 95476;

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7. Upon the entry of this Judgment in Interpleader, State Farm be and hereby is
dismissed with prejudice from this action;

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8. Although “the first stage of the two[-]part interpleader process [is] now

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complete[], [Defendants Luz Patricia Barnett, Jenna McCain, and Kyle

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Barnett] must . . . litigate their entitlement to the [remaining] interpled funds in

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the second phase of these proceedings.” Prudential Ins. Co. of Amer. v. A.M.,

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No. 2:13-cv-00820-MCE-AC, 2014 WL 3689367, at *2 (E.D. Cal. July 24,

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2014); see Mack v. Kuckenmeister, 619 F.3d 1010, 1023-24 (9th Cir. 2010)

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(“An interpleader action typically involves two stages. In the first stage, the

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district court decides whether the requirements for rule or statutory

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interpleader action have been met by determining if there is a single fund at

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issue and whether there are adverse claimants to that fund. If the district court

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finds that the interpleader action has been properly brought the district court

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will then make a determination of the respective rights of the claimants.”

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(internal quotation marks and citations omitted)); and

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9. Defendants shall file a joint status report no later than fourteen (14) days prior

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to the January 26, 2015 Status Conference, in which they shall address how

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each claimant intends to litigate entitlement to the remaining interpled funds

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and all pertinent subjects set forth in Local Rule 240.

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Dated: December 23, 2014
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STIPULATED JUDGMENT IN INTERPLEADER
Case No. 14-CV-01688-GEB-SAB

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