Reliastar Life Insurance Company v. Northam et al

Filing 54

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 02/28/2017 DIRECTING the Clerk of the Court, United States District Court, Eastern District, to expeditiously release all interpled funds on deposit with the Court, and issue payments to the parties as follows: Codi Northam 50% of all proceeds; Skim X Enterprises 40% of all proceeds; Skim Holdings, Inc. 10% of all proceeds; and Christopher J. Northam Shall receive no proceeds. (Jackson, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RELIASTAR LIFE INSURANCE COMPANY, ) a Minnesota corporation, ) ) Plaintiff, ) ) v. ) ) ) CHRISTOPHER J. NORTHAM, an individual, ) CODI T. NORTHAM, an individual, SKIM X ) ENTERPRISES, a California corporation, SKIM) X HOLDINGS, INC., a California corporation; ) and DOES 1-10, inclusive, ) ) Defendants. ) ) _______________________________________ ) SKIM X HOLDINGS, INC., a California ) corporation and SKIM X ENTERPRISES, a ) California corporation, ) ) Cross-Complainant, ) ) v. ) ) ) CHRISTOPHER J. NORTHAM, an individual; ) and ROES 1-10, inclusive, ) ) Cross-Defendants. ) ) _______________________________________ ) Case No. 2:13-cv-00063-TLN-DB STIPULATION TO RELEASE INTERPLEADER FUNDS; ORDER THEREON 27 28 /// STIPULATION TO RELEASE INTERPLEADER FUNDS AND ORDER THEREON 1 STIPULATION 2 The parties to the above entitled action hereby stipulate, by and through their respective 3 counsel, that in the above entitled action, that an order be entered directing the Clerk of the Court, 4 United States District Court, Eastern District, to expeditiously release all interpled funds on deposit 5 with the Court, and issue payments to the parties as follows: 6  Codi Northam 50% of all proceeds 7  Skim X Enterprises 40% of all proceeds 8  Skim Holdings, Inc. 10% of all proceeds 9  Christopher J. Northam Shall receive no proceeds. 10 11 Checks shall be issued to the parties as follows: (1) to “Codi Northam”; (2) “Skim X Enterprises, a 12 California Corporation c/o Millstone Peterson & Watts, LLP Client Trust Account”; and (3) “Skim 13 X Holdings, Inc., a California corporation c/o Millstone Peterson & Watts, LLP Client Trust 14 Account.” Christopher J. Northam shall receive nothing from this order. 15 This stipulation is made on the grounds that all parties in the action have entered into a 16 17 Settlement Agreement dated January 11, 2017 which resolves the pending action. Attached as 18 Exhibit “A” is a true and correct copy of the Settlement Agreement. 19 20 21 Within ten (10) days of issuance of the payments stated above, the case shall be dismissed with prejudice. //// 22 //// 23 24 //// 25 //// 26 //// 27 //// 28 2 STIPULATION TO RELEASE INTERPLEADER FUNDS AND ORDER THEREON 1 DATED: February 27, 2017 MILLSTONE PETERSON & WATTS, LLP Attorneys at Law 2 3 4 By: ________/s/ Richard M. Watts, Jr.__________ Richard M. Watts, Jr. 5 Attorneys for Defendants/Cross-Complainants Skim X Enterprises and Skim X Holdings, Inc. 6 7 DATED: February 27, 2017 CHRISTOPHER J. NORTHAM, IN PRO PER 8 9 By: ___/s/ Christopher J. Northam___________ Christopher J. Northam (As Authorized on February 27, 2017) 10 11 12 13 DATED: February 27, 2017 LAW OFFICES OF ROBERT K. SCOTT 14 15 16 17 18 19 20 By: ________/s/ Robert K. Scott____________ Robert K. Scott (As Authorized on February 27, 2017) Attorneys for Defendant-In-Interpleader Codi T. Northam I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. MILLSTONE PETERSON & WATTS, LLP Attorneys at Law /s/ Richard M. Watts, Jr. 21 22 23 24 25 26 27 28 3 STIPULATION TO RELEASE INTERPLEADER FUNDS AND ORDER THEREON 1 2 3 4 5 6 7 8 ORDER Having reviewed the Stipulation between all parties this Court orders: 1. The Settlement Agreement resolves this dispute concerning all funds on deposit with this Court; 2. Under the circumstances of this Interpleader action, the Court finds this settlement to be acceptable to this Court. Therefore, the Court orders that the Clerk of this Court distribute all remaining sums of money, including interest, to be paid, forthwith, as follows: 9  Codi Northam 50% of all proceeds 10  Skim X Enterprises 40% of all proceeds 11  Skim Holdings, Inc. 10% of all proceeds 12  Christopher J. Northam Shall receive no proceeds. 13 14 15 16 17 18 Checks shall be issued to the parties as follows: (1) to “Codi Northam”; (2) “Skim X Enterprises, a California Corporation c/o Millstone Peterson & Watts, LLP Client Trust Account”; and (3) “Skim X Holdings, Inc., a California corporation c/o Millstone Peterson & Watts, LLP Client Trust Account.” Christopher J. Northam shall receive nothing from this order. Within ten (10) days of issuance of the payments stated above, the parties shall file a stipulation to dismiss the case with prejudice. 19 20 IT IS SO ORDERED. 21 Dated: February 28, 2017 22 23 Troy L. Nunley United States District Judge 24 25 26 27 28 4 STIPULATION TO RELEASE INTERPLEADER FUNDS AND ORDER THEREON 1 EXHIBIT A 2 [SETTLEMENT AGREEMENT] 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 5 STIPULATION TO RELEASE INTERPLEADER FUNDS AND [PROPOSED] ORDER THEREON

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