The Prudential Insurance Company of America v. Morgan et al
Filing
67
ORDER RE: APPROVAL OF STATE COURT ORDER AND DISBURSEMENT OF FUNDS signed by Chief Judge Morrison C. England, Jr on 3/3/15. The Court directs the Clerk to disburse funds deposited by Prudential into the Court's Registry on 5/7/14, (see Receipt No. CAE200059841 in the total amount of $206,957.47 fbo Prudential), less the sum of $50,000 payable as attorneys' fee s to attorney Candice Fields. (Mena-Sanchez, L)
1
2
3
4
5
6
CANDICE L. FIELDS, SBN 172174
CANDICE FIELDS LAW
455 Capitol Mall, Suite 802
Sacramento, California 95814
Telephone: (916) 414-8050
Facsimile:
(916) 790-9450
cfields@candicefieldslaw.com
Attorneys for Defendant A.M., A Minor
Appearing Through Guardian Ad Litem
INGERLISHA MARTINEZ
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
12
13
14
15
16
17
No. 2:13-cv-00820-MCE-AC
Plaintiff,
v.
A.M, a minor; D.P., a minor; ANDREA
MORGAN in her personal capacity;
INGERLISHA MARTINEZ, as mother and
next friend of the minor child A.M.; and
ANDREA MORGAN, in her capacity as
mother and next friend of the minor child
D.P.;
18
ORDER RE: APPROVAL OF STATE
COURT ORDER AND DISBURSEMENT OF
FUNDS
Defendants.
19
20
21
On April 26, 2013, An Interpleader Complaint was filed by The Prudential
22
23
24
Insurance Company of America (“Prudential”) to resolve a dispute regarding life insurance
proceeds governed by federal law.
On December 23, 2014, this Court issued an Order approving the proposed
25
26
27
settlement of the claims of the minors D.P. and A.M. See Order, ECF 63. The Order
includes the following statement regarding disbursement of the minor A.M.’s funds:
Upon receipt and approval of a properly fashioned state court order, the
Court shall direct the Clerk to disburse funds deposited into the Court’s
28
-1-
Registry (Order, ECF 44), as follows: The Remaining Death Benefit plus
accrued interest, less $50,000, to the registry of the Fifth Judicial District
Court In And For The Parish Of Richland – State of Louisiana.
1
2
3
Order, ECF 63.
On February 21, 2015, an order signed by the Hon. Terry A. Doughty, Judge, 5th
4
5
6
Judicial District, Richland Parish, LA (“state court order”) was filed with this Court. See ECF
64-1.
Pursuant to L.R. 202(e), this Court finds that the state court order, and the distribution
7
8
9
plan mandated therein, properly protects the minor A.M. and her money now deposited in
the Registry of this Court. The Court hereby approves the state court order.
The Court directs the Clerk to disburse funds deposited by Prudential into the Court’s
10
11
12
13
Registry on May 7, 2014, (see Receipt No. CAE200059841 in the total amount of
$206,957.47 fbo Prudential), less the sum of $50,000 payable as attorneys’ fee s to attorney
Candice Fields, as follows:
All deposited funds, less $50,000, to the registry of the Fifth Judicial District
Court In And For The Parish Of Richland – State Of Louisiana, on the account
of Docket No. 8879 (In Re: Tutorship of A.M. (redacted)). According to
attorney Fields, the payee address is Clerk of Court, Richland Parish
Courthouse, P.O. Box 119, Rayville, Louisiana, 71269.
14
15
16
The Clerk is further directed to include with the disbursement 1) the state court order
17
18
19
on file with this Court as Docket No. 64-1; and 2) correspondence from attorney Fields to
the Clerk of Court, Richland Parish Courthouse, on file with the Court as Docket No. 64-2. T
The remaining $50,000.00 shall be distributed by the Clerk to attorney Fields on proof
20
21
22
23
24
that the remainder of the settlement funds, less other disbursements as authorized by the
state court order, have been deposited within 20 days following their receipt in a blocked
interest-bearing account held with a banking institution that is insured with the Federal
Deposit Insurance Company until A.M. reaches 18 years of age.
IT IS SO ORDERED.
25
26
Dated: March 3, 2015
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?