American National Insurance Company v. Arnaud et al

Filing 11

ORDER signed by District Judge Morrison C. England, Jr., on 3/21/17 ORDERING that the sum of $111,501.20, and previously deposited into the registry of this Court, represents the total annuity policy proceeds and interest. ANICO is AWARDED $5,998.65 for its reasonable attorneys' fees and costs. The remaining Interpled Funds, on deposit with the registry of the Court (approximately $105,502.55), shall be transferred to the registry of the Superior Court of the State o f California, County of Sacramento, Case No. 34-2017-00207075--where Defendants are currently involved in another litigation. Defendants will resolve their conflicting claims over the remaining Interpled Funds in the action currently pending in the Sacramento County Superior. This action is DISMISSED with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. CASE CLOSED(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERICAN NATIONAL INSURANCE )
11 COMPANY,
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Plaintiff-in-Interpleader,
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vs.
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14 KRISTEN E. ARNAUD and SUSAN
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BOLTON,
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Defendants-in-Interpleader. )
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Case No. 2:17-CV-00007-MCE-AC
ORDER GRANTING
STIPULATION RE:
(1) DISCHARGE, DISMISSAL
AND RELEASE OF PLAINTIFF
AMERICAN NATIONAL
INSURANCE COMPANY; AND
(2) AWARD OF ATTORNEYS’
FEES TO PLAINTIFF AMERICAN
NATIONAL INSURANCE
COMPANY
(3) DISBURSEMENT OF
INTERPLED FUNDS; AND
(4) DISMISSAL OF ENTIRE
ACTION

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Based upon the Stipulation of the parties, and good cause appearing:

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IT IS HEREBY ORDERED that the Complaint in Interpleader herein was

25 properly and in good faith brought by Plaintiff American National Insurance
26 Company (“ANICO”), and the sum specified in the Stipulation of the parties, to wit:
27 One Hundred and Eleven Thousand, Five Hundred and One Dollars and Twenty
LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

28 Cents ($111,501.20), and previously deposited into the registry of this Court (the
Case No. 2:17-CV-00007-MCE-AC
1
ORDER GRANTING STIPULATION RE:
155066.1

DISCHARGE, DISMISSAL AND RELEASE

1 “Interpled Funds”), represents the total annuity policy proceeds and interest (the
2 “Annuity Policy Proceeds”) payable under the subject ANICO annuity policy
3 bearing policy number 14855987 (the “Annuity Policy”), owned by now deceased
4 annuitant Frances G. Henson.
IT IS FURTHER ORDERED that ANICO and its owners, shareholders,

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6 partners, officers, directors, employees, agents, general agents, legal representatives,
7 predecessors, successors, assignees, parent corporations, subsidiaries, affiliates,
8 attorneys, re-insurers, and insurers are dismissed from this action with prejudice and
9 forever discharged, released and relieved from any and all further liability or
10 responsibility of any kind to Defendants Kristen Arnaud and Susan Bolton, any other
11 current or subsequently added party to this action, and any other persons or entities
12 whether claiming by, through, or under any said persons or entities, or arising out of
13 or in any way connected with the Annuity Policy, the Annuity Policy Proceeds
14 payable under the Annuity Policy, this action, and/or the facts set forth herein.
IT IS FURTHER ORDERED that Kristen Arnaud and Susan Bolton, and

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16 every other current or subsequently added party to this action are, during the
17 pendency of this action and hereafter, permanently enjoined and restrained from
18 instituting, prosecuting, or taking any further steps or proceedings against ANICO,
19 its owners, shareholders, partners, officers, directors, employees, agents, general
20 agents,

legal

representatives,

predecessors,

successors,

assignees,

parent

21 corporations, subsidiaries, affiliates, attorneys, re-insurers, and insurers in any action,
22 suit or proceeding, in any way arising out of or in any way connected with the
23 Annuity Policy, the Annuity Policy Proceeds payable under the Annuity Policy, this
24 action, and/or the facts set forth herein.
IT IS FURTHER ORDERED that ANICO be awarded the amount of Five

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26 Thousand Nine Hundred and Ninety Eight Dollars and Sixty-Five Cents ($5,998.65)
27 for its reasonable attorneys’ fees and costs incurred in connection with this action.
LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

28 This amount shall be paid forthwith out of the Interpled Funds which were deposited
Case No. 2:17-CV-00007-MCE-AC
2
ORDER GRANTING STIPULATION RE:
155066.1

DISCHARGE, DISMISSAL AND RELEASE

1 into the registry of this Court on or about January 19, 2017, and that the attorneys’
2 fees and costs awarded to ANICO shall be paid to ANICO before the balance of the
3 Interpled Funds on deposit with this Court are distributed as set forth herein below.
4 The Court, by and through its Clerk, or as otherwise appropriate, shall disburse this
5 amount to ANICO as follows:
AMERICAN NATIONAL INSURANCE COMPANY
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Attn: Charles K. Chineduh, Esq.
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Meserve, Mumper & Hughes LLP
800 Wilshire Boulevard, Suite 500
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Los Angeles, California 90017-2611
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IT IS FURTHER ORDERED that after the deduction for the attorneys’ fees

11 and costs of ANICO as described herein above, the remaining Interpled Funds, on
12 deposit with the registry of the Court (approximately $105,502.55), be transferred to
13 the registry of the Superior Court of the State of California, County of Sacramento,
14 Case No. 34-2017-00207075--where Defendants are currently involved in another
15 litigation.

Defendants will resolve their conflicting claims over the remaining

16 Interpled Funds in the action currently pending in the Sacramento County Superior
17 Court.
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IT IS FURTHER ORDERED that after all of the Interpled Funds on deposit

19 with this Court have been distributed as set forth hereinabove, this action shall be and
20 hereby is dismissed in its entirety with prejudice pursuant to Rule 41(a) of the
21 Federal Rules of Civil Procedure, with each party to bear their own attorneys’ fees
22 and costs, except as set forth herein.
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IT IS SO ORDERED.

24 Dated: March 21, 2017
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LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

155066.1

Case No. 2:17-CV-00007-MCE-AC
ORDER GRANTING STIPULATION RE:
DISCHARGE, DISMISSAL AND RELEASE