Hartford Life & Accident Insurance Company v. White et al

Filing 30

ORDER Granting 29 Stipulation of Dismissal. Signed by Judge Jeffrey S. White on March 10, 2010. (jswlc1, COURT STAFF) (Filed on 3/10/2010)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff, v. GEOFFREY V. WHITE, an individual; LAW OFFICE OF GEOFFREY V. WHITE; LORRAINE BURKE, an individual; DOES 1 through 10, Defendant. Case No. CV 09-05668 JSW (PROPOSED) ORDER FOR DISCHARGE AND DISMISSAL WITH PREJUDICE OF HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY ONLY

Upon good cause appearing and based on the Stipulation for Discharge and Dismissal of Plaintiff Hartford Life and Accident Insurance Company ("Hartford") submitted by the parties, the Court hereby orders:

1.

Plaintiff Hartford filed this Complaint in Interpleader on the grounds

that it received competing claims from Defendants Geoffrey V. White and Law Office of Geoffrey V. White ("White") and Defendant Lorraine Burke ("Burke") to a portion of Burke's long-term disability ("LTD") insurance benefits that have been
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paid and may be paid by Hartford under group disability insurance policy number GLT22176 ("the LTD policy").

2.

Hartford is hereby and shall be discharged from liability to Defendants

to the full extent permitted by law with respect to Defendants' competing claims for that portion of (1) Burke's benefits that it has previously paid under the LTD policy, and (2) such future benefits that it may pay to Burke under the LTD policy subject to this Court's final order of distribution.

3.

Defendants are hereby restrained from taking, or proceeding with or

commencing any action against Hartford for or on account of any transaction, matter, happening or thing in any way arising out of or relating to the rights and obligations of the parties with respect to Defendants' competing claims to that disputed portion of Burke's LTD benefits which White seeks to recover for alleged attorneys' fees.

4.

Hartford is dismissed with prejudice from this lawsuit. This Court

shall retain jurisdiction over Hartford for enforcement of its order(s) regarding the disputed portion of the LTD benefits to be paid to Burke under the Hartford LTD policy. Defendants White and Burke will remain in the case to litigate their competing claims to those disputed funds.

5.

Hartford shall not recover its attorneys' fees and costs from

Defendants, nor shall Defendants recover their fees and costs from Hartford in connection with this Interpleader. /// /// ///
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6.

This order shall not be construed as a determination that Burke is

entitled to ongoing benefits under the LTD Policy, nor does it impact Hartford's ongoing evaluation of whether Burke is entitled to benefits under the LTD policy. Such issues are not part of this Interpleader action.

IT IS SO ORDERED.

March 10, 2010 DATED: ______________

_____________________________________ Honorable Jeffrey S. White United States District Court Judge

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