Transamerica Life Insurace Company v. Young et al

Filing 35

AMENDED STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr on 1/11/16 ORDERING that Transamerica Life Insurance Co. ("TLIC") is discharged of all liability with respect to TLIC's Life Insurance Policy number IB00002 445 (the "Policy") and/or the benefits payable under the Policy (the "Policy Benefits"); and That Defendants-In-Interpleader Carolyn Young, as trustee of the Alvin M. Wheeler Revocable Trust, James E. Wheeler, Daniel M. Wheeler an d Patricia Smith, and their respective agents, attorneys and/or assigns are enjoined and perpetually restrained from instituting any suit at law or equity, or action of any kind whatsoever, against TLIC and/or its parent companies, subsidiary compani es, agents, affiliates, representatives or attorneys with respect to the Policy and/or Policy benefit; and That TLIC is awarded the sum of $11,500 as its reasonable attorneys' fees and costs incurred in this action, to be deducted from the Policy benefit deposited with the Court, to be made payable via a check to "Transamerica Life Insurance Co." and to be mailed forthwith to its counsel of record in this action: Hinshaw & Culbertson LLP, Attn: Andrew S. Williams, 633 W estFifth Street, 47th Floor, Los Angeles, CA 90071; and That Roderick L. Mackenzie is to be paid $20,000 from the Policy Benefits by check made payable to "MacKenzie and Brody" and mailed to 1107 Second Street, #330, Sacramento, CA 95814. (cc Financial) (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:14-cv-02314-MCE-AC

TRANSAMERICA LIFE INSURANCE
COMPANY,

(Honorable Morrison C. England)

Plaintiff-in-Interpleader,

AMENDED ORDER GRANTING
STIPULATION FOR:

vs.
CAROLYN YOUNG, as trustee of the
ALVIN M. WHEELER REVOCABLE
TRUST; JAMES E. WHEELER, an
individual; DANIEL M. WHEELER, an
individual; PATRICIA SMITH, an
individual; LINDA WILSON, an individual;
and DOES 1 through 10, inclusive,
Defendants-in-Interpleader.

(1) DISCHARGE OF
PLAINTIFF;
(2) PERMANENT INJUNCTION;
(3) REIMBURSEMENT OF
PLAINTIFF’S REASONABLE
ATTORNEYS’ FEES AND
COSTS;

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(4) DISTRIBUTION OF FUNDS;
AND

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(5) DISMISSAL WITH
PREJUDICE

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Having reviewed the Stipulation of the parties, and for good cause appearing
therefore, the Court hereby orders as follows:

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That Transamerica Life Insurance Company (“TLIC”) is discharged of

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all liability with respect to TLIC’s Life Insurance Policy number IB00002445 (the

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“Policy”) and/or the benefits payable under the Policy (the “Policy Benefits”); and

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2.

That Defendants-In-Interpleader Carolyn Young, as trustee of the

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Alvin M. Wheeler Revocable Trust, James E. Wheeler, Daniel M. Wheeler and

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Patricia Smith , and their respective agents, attorneys and/or assigns are enjoined

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and perpetually restrained from instituting any suit at law or equity, or action of any

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kind whatsoever, against TLIC and/or its parent companies, subsidiary companies,

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agents, affiliates, representatives or attorneys with respect to the Policy and/or

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Policy benefit; and

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3.

That TLIC is awarded the sum of $11,500 as its reasonable attorneys’

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fees and costs incurred in this action, to be deducted from the Policy benefit

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deposited with the Court, to be made payable via a check to “Transamerica Life

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Insurance Company” and to be mailed forthwith to its counsel of record in this

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action: Hinshaw & Culbertson LLP, Attention: Andrew S. Williams, 633 West

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Fifth Street, 47th Floor, Los Angeles, California 90071; and

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4.

That Roderick L. Mackenzie is to be paid $20,000 from the Policy

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Benefits by check made payable to “MacKenzie and Brody” and mailed to 1107

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Second Street, #330, Sacramento, California 95814; and

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5.

That the remaining balance of the Policy Benefits in the amount of

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$55,741.47, plus any applicable interest, is to be paid by check made payable to

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“James E. Wheeler and Daniel M. Wheeler” and mailed to their counsel of record

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MacKenzie and Brody, 1107 Second Street, #330, Sacramento, California 95814;

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and

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6.

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close the file.

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That this case be dismissed with prejudice. The Clerk is directed to

IT IS SO ORDERED.
Dated: January 11, 2016

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