Cuna Mutual Insurance Society v. Thompson et al

Filing 25

STIPULATION AND ORDER GRANTING Discharge of Interpleader Stakeholder, Cuna Mutual Insurance Society and Award of Attorney Fees. re 24 Stipulation filed by Michael Kanyon, 23 Third Party MOTION FOR DISCHARGE OF INTERPLEADER STAKEHOLDER CUNA MUTUAL INSURANCE SOCIETY filed by Cuna Mutual Insurance Society. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 1/12/12. (bjtS, COURT STAFF) (Filed on 1/12/2012)

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Gregory G. Spaulding, Esq. (SBN 106606)
SPAULDING McCULLOUGH & TANSIL LLP
90 South E Street, Suite 200
P.O. Box 1867
Santa Rosa, CA 95402
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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Attorneys for Defendant MICHAEL KANYON, as Trustee of
The Thompson Living Trust Dated February 17, 2005

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CUNA MUTUAL INSURANCE SOCIETY,

Case No.: C 11-04011 MEJ

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Plaintiff,
STIPULATION AND ORDER GRANTING
DISCHARGE OF INTERPLEADER
STAKEHOLDER, CUNA MUTUAL
INSURANCE SOCIETY AND AWARD OF
ATTORNEY FEES

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vs.
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MARSHAL DOUGLAS THOMPSON and
MICHAEL KANYON,

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Defendants.

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STIPULATION
Plaintiff stakeholder, CUNA MUTUAL INSURANCE SOCIETY filed a Motion to

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Discharge Interpleader and Stakeholder, which is scheduled for hearing on February 2, 2012, at

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10:00 a.m. in Courtroom B of the above-entitled Court, before the Honorable Maria-Elena James.

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Plaintiff, by and through its counsel, Christopher Borders of Hinshaw & Culbertson, and both

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Defendants, Marshall Douglas Thompson by and through his attorney Henry D. Froneberger of

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Burroughs & Froneberger, and Michael Kanyon by and through his attorney Gregory G. Spaulding

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of Spaulding McCullough & Tansil LLP, have now reached agreement that the Motion should be

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granted, and hereby agree and stipulate as follows:
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STIPULATION AND ORDER

Case No.: C 11-04011 MEJ

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Plaintiff shall retain the amount of $6,000 (Six Thousand Dollars) from the interpled funds as
full satisfaction and payment of Plaintiff's attorney fees and costs in this matter;

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Plaintiff shall deposit the interpled funds remaining $419,000 ($425,000, less the retained
amount above, $6,000) with this Court, pending a resolution of the claims by defendants;

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Plaintiff shall be discharged and relieved of all further responsibility in this matter;

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Defendants shall be enjoined from any further assertion of claims against Plaintiff relating to

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the interpled funds.

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DATED: January 11, 2012

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SPAULDING McCULLOUGH & TANSIL LLP
Attorneys for Defendant MICHAEL KANYON, as
Trustee of The Thompson Living Trust Dated
February 17, 2005

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By:

/s/
Gregory G. Spaulding

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DATED: January 11, 2012
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HINSHAW & CULBERSON LLP
Attorneys for Plaintiff CUNA MUTUAL
INSURANCE SOCIETY

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By:

/s/
Christopher J. Borders

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DATED: January 11, 2012

BURROUGHS & FRONEBERGER
Attorneys for Defendant MARSHALL THOMPSON

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By:

/s/
Henry D. Froneberger

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ATTESTATION
Pursuant to General Order 45, section X.B., I hereby attest that concurrence in the filing of

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this document has been obtained from each of the other signatories.

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///

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///
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STIPULATION AND ORDER

Case No.: C 11-04011 MEJ

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ORDER
The Court hereby Orders as follows:
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Plaintiff shall retain the amount of $6,000 (Six Thousand Dollars) from the interpled

funds as full satisfaction and payment of Plaintiff's attorney fees and costs in this matter;
2.

Plaintiff shall deposit the interpled funds remaining $419,000 ($425,000, less the

retained amount above, $6,000) with this Court, pending a resolution of the claims by defendants;

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3.

Plaintiff shall be discharged and relieved of all further responsibility in this matter;

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4.

Defendants are hereby enjoined form any further assertion of claims against Plaintiff

NO

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RT

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aria
Judge M

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am
-Elena J

R NIA

________________________________________________
UNITED STATES MAGISTRATE JUDGE
es

FO

1/12/12
Dated: _______________

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IT IS SO ORDERED.

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UNIT
ED

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relating to the interpled funds.

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D IS T IC T O
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STIPULATION AND ORDER

Case No.: C 11-04011 MEJ