Thrivent Financial For Lutherans et al v. Kerlin et al

Filing 10

STIPULATION FOR JUDGMENT IS GRANTED/ORDER, signed by Chief Judge Lawrence J. O'Neill on 09/21/17. (Martin-Gill, S)

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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]

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Attorneys for Plaintiffs
THRIVENT FINANCIAL FOR LUTHERANS
and 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 FINANCIAL FOR LUTHERANS )
and THRIVENT INVESTMENT
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MANAGEMENT, INC.,
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Plaintiffs,
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v.
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SHAREN KERLIN, MATTHEW KERLIN )
AND JESSICA VAN LITH,
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Defendants.
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Civil No. 17-CV-01073-LJO-JLT
JUDGMENT

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The Stipulation for Judgment submitted by Plaintiffs THRIVENT FINANCIAL FOR
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LUTHERANS and THRIVENT INVESTMENT MANAGEMENT, INC. (hereinafter “Thrivent” or
“Plaintiffs”) by and through their counsel of record, and defendants SHAREN KERLIN,

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MATTHEW KERLIN AND JESSICA VAN LITH, on their own behalves (Thrivent and all
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defendants collectively referred to hereinafter as “the Parties”), came before this Court in due

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course for consideration and is hereby GRANTED.
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IT IS HEREBY ADJUDGED AND DECREED:
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1.

That, this Court has jurisdiction over the Parties and this dispute;

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JUDGMENT
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2.

That, due to the mutual mistake of the Parties, annuity no. LC461XXXX and annuity

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no. LC496XXXX1 are hereby reformed; defendant Sharen Kerlin remains the designated primary

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beneficiary as that term is defined in the contracts and Internal Revenue Code sections 72(s) and

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401(a)(9), as applicable, and defendants Matthew Kerlin and Jessica Van Lith remain secondary

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beneficiaries;

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3.

That, on account of the death of Stanley E. Kerlin, Sharen Kerlin is the legal owner

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of annuity no. LC461XXXX and annuity no. LC496XXXX with all rights attendant thereto

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including, but not limited to, the right to exercise the Spousal Benefit Option and the rights

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afforded under Internal Revenue Code sections 72(s) and 401(a)(9);

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4.

That, defendants Sharen Kerlin, Matthew Kerlin and Jessica Van Lith, as well as

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their heirs, successors, assigns, agents, and/or representatives shall be permanently enjoined from

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instituting or prosecuting in any State, or United States, Court any proceeding against Thrivent

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and/or its successors, executors, administrators, agents, assigns, parent companies, affiliates,

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subsidiaries, related companies, contractors, officers, directors, employees, successors, attorneys,

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brokers, arising out of or relating to the sale of the Annuities, the submission of the Beneficiary

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Designation by Stanley Kerlin, the investigation into of the submission of the Beneficiary

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Designation, and the processing of the claim for benefits and ownership of the Annuities; and

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5.

That, all Parties shall bear their own attorneys’ fees and costs, if any there be.

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IT IS SO ORDERED.

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Dated:

September 21, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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As this filing is a matter of public record and in order to protect the confidential financial information, the last four
numbers of the annuity accounts have been redacted.
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JUDGMENT
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