State Farm Life Insurance Company v. Barnett et al

Filing 31

STIPULATION AND ORDER FOR DISTRIBUTION ON FUNDS ON DEPOSIT AND DISMISSAL WITH PREJUDICE signed by Judge Garland E. Burrell, Jr on 1/4/16 (cc Financial) CASE CLOSED. (Becknal, R)

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AUDREY J. GERARD (California State Bar No. 209959)
LEN TILLEM AND ASSOCIATES
846 Broadway
Sonoma, California 95476-7013
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Defendants
KYLE BARNETT and JENNA MCCAIN

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STATE FARM LIFE INSURANCE
COMPANY,
Plaintiff,

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vs.
LUZ PATRICIA BARNETT, JENNA

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Case No.: 14-CV-01688-GEB-SAB
STIPULATION AND ORDER FOR
DISTRIBUTION ON FUNDS ON DEPOSIT
AND DISMISSAL WITH PREJUDICE

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McCAIN AND KYLE BARNETT,
Defendant

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IT IS HEREBY STIPULATED, by and among Defendants Luz Patricia Barnett,

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defendant Jenna McCain and defendant Kyle Barnett, through their respective attorneys of
record, that:
1. State Farm properly filed its Complaint in Interpleader herein, and that this is a proper
cause for interpleader.

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STIPULATION AND ORDER FOR DISTRIBUTION ON FUNDS ON DEPOSIT AND DISMISSAL WITH PREJUDICE 1

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2. By reason of the death of Justin Barnett (the “Decedent”) on or about July 27, 2014,
the total sum of $250,024.95 (the “Proceeds”) became due and payable under State Farm’s life
insurance policy number LF-2251-5400 (the “Policy”).
3. Defendant Luz Patricia Barnett, defendant Jenna McCain and defendant Kyle Barnett

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each claim all or some portion of Proceeds. No other person or entity has made a claim to the

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proceeds.

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4. Plaintiff State Farm Insurance company deposited the sum of $252,273.67 (two

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hundred fifty-two thousand two hundred seventy-three dollars and sixty-seven cents),

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representing the Proceeds plus interest, with the Clerk of this Court on or about October 29,

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2014. Plaintiff State Farm was released and discharged by previous Stipulation and Order of this

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Court. At the time of said release and discharge, State Farm was awarded the sum of $1,000.00
for the attorneys’ fees and costs it incurred in connection with this action, and pursuant to the

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previous Stipulation and Order the Clerk of the Court paid said sum directly to Plaintiff State
Farm Insurance Company.
5. Pursuant to the previous Stipulation and Order, defendant Jenna McMCain and
defendant Kyle Barnett were jointly awarded the sum of $125,636.84 as that portion of the funds

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deposited herein as to which defendant Luz Patricia Barnett made no claim. The Clerk of this
Court has paid that sum jointly to defendants Jenna McCain and defendant Kyle Barnett.
6. The parties have resolved their dispute through negotiation, and have agreed that the
remaining funds on deposit shall be paid as follows: $20,000 (twenty thousand dollars) to Luz

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Patricia Barnett, by check made payable to Farley Law Firm in trust for Luz Patricia Barnett and
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delivered via first class mail to her attorneys of record at the following address: 108 West Center
Avenue, Visalia, CA 93291; one hundred percent (100%) of the remaining balance on deposit
STIPULATION AND ORDER FOR DISTRIBUTION ON FUNDS ON DEPOSIT AND DISMISSAL WITH PREJUDICE 2

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after the Court’s registry fee is satisfied, including accrued interest, shall be paid to Kyle Barnett

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and Jenna McCain, by check made payable to “Len Tillem & Associates in trust for Kyle Barnett

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and Jenna McCain” and delivered via first class mail to their attorneys of record at the following
address: Len Tillem & Associates, Att’n: Audrey J. Gerard, 846 Broadway, Sonoma, California
95476;
7. Upon the execution of this Stipulation and Order and distribution of the funds as set
forth in Paragraph 6, above, the case can be dismissed with prejudice as to all parties.

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8. This stipulation may be executed in any number of counterparts, each of which may be
an original, but all of which shall constitute one and the same instrument.

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IT IS SO STIPULATED.

LEN TILLEM & ASSOCIATES

DATED: _______________

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AUDREY J. GERARD, Attorneys for
KYLE BARNETT and JENNA McCAIN

IT IS SO STIPULATED.

FARLEY LAW FIRM

DATED: _______________

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MICHAEL FARLEY, Attorney for
LUZ PATRICIA BARNETT

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ORDER

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IT IS SO ORDERED.
Dated: January 4, 2016

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STIPULATION AND ORDER FOR DISTRIBUTION ON FUNDS ON DEPOSIT AND DISMISSAL WITH PREJUDICE 3