NY Life Ins. Co. v. Begashaw, et al

Filing 41

ORDER signed by Chief District Judge Kimberly J. Mueller on 7/3/2024 DIRECTING the Company to deposit the Proceeds with the Clerk of the Court, who will hold them in an interest-bearing account. Upon deposit of the Proceeds with the Clerk of the Court the Company will be discharged from any and all liability to Tesema regarding the Policy. (cc Financial Department) (Mendez Licea, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 NEW YORK LIFE INSURANCE COMPANY, Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 vs. MICHAEL BEGASHAW, an individual; ENDALE TESSEMA, an individual; and “JOHN DOE”, as Administrator of the Estate of MARIAMAWIT TESSEMA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:22-cv-02081-KJM-JDP ORDER RE: STIPULATION TO DEPOSIT FUNDS AND FOR INTERPLEADER RELIEF The above entitled cause having come before the Court upon the Joint 24 Stipulation of counsel for Plaintiff New York Life Insurance Company (the 25 “Company”) and Defendant Endale Tesema (“Tesema”) for an Order directing the 26 deposit of the death benefit (the “Death Benefit”) associated with AARP Level 27 Benefit Term Life Certificate Number A10806413 issued to Mariamawit Tessema 28 1 ORDER RE: STIPULATION TO DEPOSIT FUNDS AND FOR INTERPLEADER RELIEF 1 (the “Policy”) with the Clerk of the Court and for interpleader relief, and the Court 2 having considered the Joint Stipulation and good cause appearing: 3 IT IS ORDERED as follows: 4 1. 5 6 The Company is directed to deposit the Proceeds with the Clerk of the Court, who will hold them in an interest-bearing account; 2. Upon deposit of the Proceeds with the Clerk of the Court, the Company 7 shall be discharged from any and all liability to Tesema regarding the Policy, the 8 Death Benefit, and/or the Proceeds; 9 4. Upon deposit of the Proceeds with the Clerk of the Court, Tesema shall 10 be permanently enjoined from bringing any action or proceeding in any forum, or 11 making any further actual or implied claims, demands and causes of action, asserted 12 or unasserted, liquidated or unliquidated, or bringing any action or proceeding in any 13 forum, arising out of or in connection with the Company relating to the Policy and/or 14 the Proceeds; and 15 5. All claims, rights, interests and actions that Tesema might otherwise 16 have held against the Company and its present and former parents, subsidiaries and 17 affiliated corporations, predecessors, successors and assigns and their respective 18 officers, directors, agents, employees, representatives, attorneys, fiduciaries and 19 administrators with respect to the Policy and/or the Proceeds are hereby released. 20 21 22 23 This ORDER shall be deemed a final judgment in accordance with Fed. R. Civ. P. 54(b), there being no just reason for delay. IT IS SO ORDERED. DATED: July 3, 2024. 24 25 26 27 28 2 ORDER RE: STIPULATION TO DEPOSIT FUNDS AND FOR INTERPLEADER RELIEF

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