Metropolitan Life Insurance Company v. Lithgow et al

Filing 22

ORDER signed by Chief Judge Morrison C. England, Jr on 7/28/15 ORDERING Pursuant to plaintiff Metropolitan Life Insurance Company's ("MetLife") Notice of Deposit of Funds and this Court's July 9, 2015 Order, the Court hereby ORD ERS that MetLife, Pacific Gas and Electric Company, and the Pacific Gas and Electric Company Employee Welfare Plan 503 are discharged from this action, and MetLife is DISMISSED from this action with prejudice. Each party is to bear its own attorneys' fees and costs with respect to MetLife'sparticipation in the action. (Becknal, R)

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SEDGWICK LLP
MARK J. HANCOCK SBN 160662
[e-mail]
REBECCA A. HULL SBN 99802
[e-mail]
ERIN A. CORNELL SBN 227135
[e-mail]
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635
Attorneys for Plaintiff
METROPOLITAN LIFE INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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METROPOLITAN LIFE INSURANCE
COMPANY,
Plaintiff,
v.
MICHAEL LITHGOW, JENISE K.
LITHGOW, SCHELENE M. LITHGOW, and
EDNA LOPEZ,
Defendants.

Case No. 2:14-cv-01871 MCE-AC
NOTICE OF DEPOSIT OF FUNDS AND
REQUEST FOR DISMISSAL OF
PLAINTIFF METROPOLITAN LIFE
INSURANCE COMPANY WITH
PREJUDICE; ORDER DISMISSING
PLAINTIFF WITH PREJUDICE

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20464125v1

NOTICE OF DEPOSIT AND REQUEST FOR DISMISSAL WITH PREJUDICE

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TO THE COURT AND TO ALL PARTIES APPEARING HEREIN:
PLEASE TAKE NOTICE THAT pursuant to the Court’s July 9, 2015 Order (ECF No. 20),
on July 21, 2015, plaintiff Metropolitan Life Insurance Company (“MetLife”) deposited with the
Clerk of the Court for the United States District Court, Eastern District of California, $248,345.42,
which represents the amount of the disputed life insurance benefits at issue in this action, plus
interest.
Accordingly, pursuant to the Court’s July 9, 2015 Order, MetLife respectfully requests that
the Court discharge MetLife, Pacific Gas & Electric Company, and the Pacific Gas and Electric
Company Employee Welfare Plan 503 from any further liability, and dismiss MetLife from this
action, with prejudice.
DATED: July 24, 2015

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SEDGWICK LLP

By: /s/ Erin A. Cornell
Mark J. Hancock
Erin A. Cornell
Attorneys for Plaintiff
METROPOLITAN LIFE INSURANCE COMPANY

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ORDER

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Pursuant to plaintiff Metropolitan Life Insurance Company’s (“MetLife”) Notice of

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Deposit of Funds and this Court’s July 9, 2015 Order, the Court hereby ORDERS that MetLife,

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Pacific Gas and Electric Company, and the Pacific Gas and Electric Company Employee Welfare

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Plan 503 are discharged from this action, and MetLife is DISMISSED from this action with

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prejudice. Each party is to bear its own attorneys’ fees and costs with respect to MetLife’s

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participation in the action.

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Dated: July 28, 2015

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20464125v1

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NOTICE OF DEPOSIT AND REQUEST FOR DISMISSAL WITH PREJUDICE