Vineyard, et al., v. Katcher, etal.,

Filing 20

STIPULATION and ORDER signed by Judge John A. Mendez on 12/17/09 ORDERING Defendant NEW YORK LIFE INSURANCE COMPANY (NYLIC) is dismissed from this action without prejudice. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PETER S. HEMAR, BAR NO. 074537 MELODY G. ANDERSON, BAR NO. 173875 LAW OFFICES OF HEMAR & ASSOCIATES 2001 Wilshire Boulevard, Suite 510 Santa Monica, California 90403 Tel.: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant NEW YORK LIFE INSURANCE COMPANY
3525.005

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO)

SUSAN VINEYARD, in her capacity as assignee of CARDINAL CORPORATION and PHILIP SHERIDAN,

) ) ) ) Plaintiff, ) ) vs. ) ) DARYL B. KATCHER, ESQ., individually ) and as payee of the KUPKA ANNUITY ) TRUST; and NEW YORK LIFE ) INSURANCE COMPANY, ) ) Defendants. ) _____________________________________ )

CASE NO. 2:09-CV-00076-JAM-EFB ORDER ON STIPULATION RE DISMISSAL OF DEFENDANT NEW YORK LIFE INSURANCE COMPANY

The Court having considered the parties' Stipulation re Dismissal of New York Life Insurance Company ("Stipulation"), IT IS ORDERED as follows: 1. Defendant NEW YORK LIFE INSURANCE COMPANY ("NYLIC") is dismissed from this action without prejudice. 2. NYLIC shall continue to make all Annuity payments, as described in the Stipulation, to Defendant DARYL B. KATCHER ("KATCHER") until such time as the Court may order otherwise. ///

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3. KATCHER shall deposit such Annuity payments in an interest bearing trust account for the benefit of Plaintiff SUSAN VINEYARD and John Kupka, from which no disbursements shall be made without order of the Court, and shall provide to VINEYARD's counsel copies of all quarterly Account statements from the time of opening of the Account and continuing until this action is resolved or the court orders otherwise.. 4. Notwithstanding the dismissal of NYLIC, the Court shall retain jurisdiction over NYLIC to enforce this Order.

Dated: December 17, 2009 /s/ John A. Mendez JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

C:\Docum ents and Settings\HVine\Desktop\09cv76.o.1217.wpd

2