Metropolitan Life Insurance Company v. Pate et al

Filing 33

STIPULATION and ORDER FOR RELEASE OF FUNDS AND DISMISSAL signed by District Judge Morrison C. England, Jr on 7/20/17. IT IS HEREBY ORDERED that the claims of Norman L. Monks and Linda M. Mochell be DISMISSED and that the proceeds of the Metropolitan Life Insurance policy deposited with this Court be released to attorney R. Mark Rose on behalf of his client, Beulah Monks. Once that release has been effectuated, the Clerk of Court is directed to close the file. (Mena-Sanchez, L)

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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,

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v.

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No. 2:14-cv-02558 MCE-AC

STIPULATION FOR RELEASE OF
FUNDS AND DISMISSAL

SHARON L. PATE, et al.,
Defendants.

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This proceeding originated as a Complaint-In-Interpleader, filed November 2,

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2014, by Metropolitan Life Insurance Company to determine the beneficiaries of a life

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insurance policy on the life of Clyde L. Monks, deceased. Defendants Sharon L. Pate,

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Norman L. Monks and Linda M. Mochell are the children of the decedent. Beulah Monks

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is the decedent’s widow.
Norman Monks, Linda Mochell and Beulah Monks answered the complaint.

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Sharon Pate defaulted.

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The benefits of the MetLife policy in the sum of $24,228.49 were deposited with

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the Clerk of the Court on May 5, 2016. Plaintiff was then dismissed and discharged of

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all liability on July, 29, 2016.

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It is now the desire of the remaining parties, Norman L. Monks, Linda M. Mochell

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and Beulah Monks to resolve this matter and dismiss their respective claims as follows:

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Normal L. Monks and Linda M. Mochell agree to dismiss their claims to any of the

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proceeds of the Metropolitan Life Insurance policy that is the subject of this Complaint-

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In-Interpleader and agree that all such proceeds, originally in the sum of $24,228.49,

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that are presently held by the Clerk of the U.S. District Court, Eastern District of

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California, be released to Buelah Monks through her attorney, R. Mark Rose,

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816 Alhambra Blvd., Sacramento, CA 95816.

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Dated: 5/20/17

/s/___________________
NORMAN L. MONKS
Defendant in Pro Per

Dated: 5/25/17

/s/___________________
LINDA M. MOCHELL
Defendant in Pro Per

Dated: 6/8/17

/s/___________________
BEULAH MONKS
Defendant

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APPROVED:

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Dated: 6/8/17

/s/___________________
R. MARK ROSE
Attorney for Defendant
BEULAH MONKS

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ORDER
In accordance with the stipulation of the parties, and good cause appearing, IT IS

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HEREBY ORDERED that the claims of Norman L. Monks and Linda M. Mochell be

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dismissed and that the proceeds of the Metropolitan Life Insurance policy deposited with

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this Court be released to attorney R. Mark Rose on behalf of his client, Beulah Monks.

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Once that release has been effectuated, the Clerk of Court is directed to close the file.

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IT IS SO ORDERED.
Dated: July 20, 2017

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