Thrivent Investment Management, Inc. v. Robb

Filing 8

ORDER for Stipulated Judgment signed by Chief Judge Morrison C. England, Jr., on 5/26/15. Each side shall bear their own costs and attorneys' fees.The Clerk is directed to close the file since this matter has now beenresolved in its entirety. CASE CLOSED (Kastilahn, A)

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ADRIENNE C. PUBLICOVER (SBN 161432)
adrienne. [e-mail]
DENNIS J. RHODES (SBN 168417)
[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN& DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
THRIVENT INVESTMENT
MANAGEMENT, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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THRIVENT INVESTMENT
MANAGEMENT, INC.,

)
)
)
Plaintiff,
)
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v.
)
)
JOHN ROBB, Real Party-in-Interest
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individually and as
)
ADMINISTRATOR/EXECUTOR OF THE )
ESTATE OF MARTHA ROBB BAYER, )
and DOES 1-10,
)
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Defendants.
)

Civil No. 1:15-cv-00618 JLT
ORDER FOR STIPULATED JUDGMENT

Pursuant to the stipulation of Plaintiff THRIVENT INVESTMENT MANAGEMENT, INC.

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(“TIMI”) through its counsel of record, and defendant JOHN ROBB real-party-in-interest,

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individually and as Administrator/Executor of the Estate of Martha Robb Bayer (“John Robb” or

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“Defendant”) on his own behalf:

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IT IS HEREBY ADJUDGED AND DECREED:

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1
ORDER FOR STIPULATED JUDGMENT
1378140v.1

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1.

That this Court has jurisdiction over the parties and this dispute;

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2.

That due to mutual mistake, the TIMI Brokerage Account no. TY4-074730 at issue

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in the litigation (“the TIMI Brokerage Account”), is hereby reformed and denominated a Transfer

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on Death (“TOD”), account with all of the rights, privileges and obligations attendant thereto,

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effective from the establishing of the account in 2006;

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3.

That defendant John Robb is primary beneficiary of the TIMI Brokerage Account;

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4.

That Ursula Robb is contingent beneficiary of the TIMI Brokerage Account;

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5.

That on account of the death of Martha Robb Bayer, John Robb Bayer as primary

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beneficiary is declared the owner of the TIMI Brokerage Account;
6.

That defendant John Robb, his heirs, successors, assigns, agents, and/or

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representatives are permanently enjoined from instituting or prosecuting in any State, or United

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States, Court any proceeding against TIMI and its heirs, successors, executors, administrators,

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agents, assigns, parent companies, affiliates, subsidiaries, related companies, contractors, officers,

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directors, employees, successors, attorneys, agents and brokers, arising out of or relating to the

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establishing of the TIMI Brokerage Account, John Robb’s claim for ownership of the TIMI

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Brokerage Account and/or the handling of John Robb’s request to transfer ownership of the TIMI

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Brokerage Account;

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7.

That each side shall bear their own costs and attorneys’ fees.

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8.

That the Clerk of Court is directed to close the file since this matter has now been

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resolved in its entirety.
IT IS SO ORDERED.
Dated: May 26, 2015

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ORDER FOR STIPULATED JUDGMENT
1378140v.1