Lincoln Benefit Life Company v. Park et al

Filing 49

ORDER Granting Distribution of Remaining Interpled Funds Pursuant to Case Settlement, signed by Magistrate Judge Michael J. Seng on 3/25/16. (Verduzco, M)

Henry D. Nunez
Attorney at Law
4478 West Spaatz Avenue
Fresno, California 93722
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
LOURDES PARK
YACOUBIAN & POWELL LLP
Stewart J. Powell (SBN 175226)
725 S. Figueroa Street, Suite 3800
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
JENNIFER PARK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

LINCOLN BENEFIT LIFE COMPANY,
Plaintiff,
v.
LOURDES PARK, an individual, and JENNIFER
PARK, an individual,

Case No. 1:14-CV-01874-BAM
[Hon. Barbara A. McAuliffe]
ORDER GRANTING DISTRIBUTION OF
REMAINING INTERPLED FUNDS
PURSUANT TO CASE SETTLEMENT

Defendants.

Having considered the Joint Stipulation of Settlement submitted by Defendants Lourdes Park and
Jennifer Park, it appears to the Court that the relief prayed for should be granted and good cause exists
therefore.

[PROPOSED] ORDER GRANTING DISTRIBUTION OF REMAINING INTERPLED FUNDS PURSUANT TO CASE
SETTLEMENT

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IT IS HEREBY ORDERED:
1.

That the Registry of the United States District Court, Eastern District, release the balance

of funds interpled by Plaintiff Lincoln Benefit Life Company, drawn from the Registry of the United
States District Court, Eastern District, payable to the Law Office of Henry D. Nunez Client Trust
Account, at 4478 West Spaatz Avenue, Fresno, California 93722;
2.

That the entire balance of interpled funds shall be used by Mr. Nunez to purchase

annuities for the benefit of James David Park (a minor) and Luisa Holly Park (a minor), which shall be
held in Trust for each minor separately pursuant to the parties’ settlement and establishment of Trusts in
each minor’s name;
3.

Mr. Nunez shall file with this Court proof of purchase of annuities within five (5)

calendar days of purchase. If the annuities are not purchased within 30 days of this Order, Mr. Nunez
shall file a declaration with this court explaining the circumstances and accounting for the interpled
funds released to him.
4.

This Court shall retain jurisdiction of this matter to effectuate the remaining terms of the

Parties’ settlement.
IT IS SO ORDERED.
Dated:

March 25, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER GRANTING DISTRIBUTION OF REMAINING INTERPLED FUNDS PURSUANT TO
CASE SETTLEMENT