Protective Life Insurance Company v. Davis et al

Filing 17

ORDER re: 16 Discharge and Award of Costs and Attorney's Fees to Plaintiff Protective Life Insurance Company, signed by Judge Morrison C. England, Jr., on 5/18/11. Protective is awarded $5,663.00 for costs and reasonable atty fees. (Kastilahn, A)

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1 2 3 4 5 SEYFARTH SHAW LLP Peter E. Romo, Jr. (State Bar No. 38925) promo@seyfarth.com Andrea K. Anapolsky (State Bar No. 238297) aanapolsky@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Plaintiff PROTECTIVE LIFE INSURANCE COMPANY 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 PROTECTIVE LIFE INSURANCE COMPANY, 11 12 13 14 Plaintiff, vs. DONALD GERALD DAVIS, an individual, and RICHARD DOUGLAS RISON, an individual, 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:10-CV-02312-MCE-EFB ORDER RE: DISCHARGE AND AWARD OF COSTS AND ATTORNEYS’ FEES TO PLAINTIFF PROTECTIVE LIFE INSURANCE COMPANY 17 18 19 20 21 22 23 24 The Court, having considered the Stipulation to Discharge and Award of Costs and Attorneys’ Fees, attached hereto as Exhibit A, in the above-captioned matter, as well as all the records and files herein, and good cause appearing therefore, HEREBY ORDERS: 1. Protective Life Insurance Company (“Protective”) is hereby discharged from any and all liability on or arising out of: (a) Insurance Life Company; and 25 26 27 life insurance policy no. ZL9928647 (the “Policy”) issued by Chase (b) the rights and obligations of the parties to this action with respect to any and all proceeds under the Policy; 28 1 [Proposed] Order Regarding Discharge and Award Costs and Attorneys’ Fees; Case No. 2:10-CV-02312-MCE-EFB 1 2. 2 The Policy proceeds were deposited with the Court. Thus, the Policy is of no further force and effect, and no further benefits are payable under the Policy; 3 3. From the money that was deposited by Protective with the Clerk of this Court, 4 Protective is awarded $5,663.00 which reflects all costs and reasonable attorney 5 fees incurred in bringing and maintaining the present action; and 6 4. Defendants Donald Gerald Davis and Richard Douglas Rison are permanently 7 enjoined from instituting or prosecuting any other actions against Protective 8 regarding the Policy. 9 10 Dated: May 18, 2011 11 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 12 13 DEAC_Signature-END: 14 15 16 c4d6b0d3 17 18 19 20 21 22 23 24 25 26 27 28 2 [Proposed] Order Regarding Discharge and Award Costs and Attorneys’ Fees; Case No. 2:10-CV-02312-MCE-EFB

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