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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1 2 3 4 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: (707) 524-1900 Facsimile: (707) 524-1906 Spaulding@smlaw.com 5 6 Attorneys for Defendant MICHAEL KANYON, as Trustee of The Thompson Living Trust Dated February 17, 2005 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 CUNA MUTUAL INSURANCE SOCIETY, Case No.: C 11-04011 MEJ 13 Plaintiff, STIPULATION AND ORDER GRANTING DISCHARGE OF INTERPLEADER STAKEHOLDER, CUNA MUTUAL INSURANCE SOCIETY AND AWARD OF ATTORNEY FEES 14 vs. 15 16 MARSHAL DOUGLAS THOMPSON and MICHAEL KANYON, 17 Defendants. 18 19 20 21 STIPULATION Plaintiff stakeholder, CUNA MUTUAL INSURANCE SOCIETY filed a Motion to 22 Discharge Interpleader and Stakeholder, which is scheduled for hearing on February 2, 2012, at 23 10:00 a.m. in Courtroom B of the above-entitled Court, before the Honorable Maria-Elena James. 24 Plaintiff, by and through its counsel, Christopher Borders of Hinshaw & Culbertson, and both 25 Defendants, Marshall Douglas Thompson by and through his attorney Henry D. Froneberger of 26 Burroughs & Froneberger, and Michael Kanyon by and through his attorney Gregory G. Spaulding 27 of Spaulding McCullough & Tansil LLP, have now reached agreement that the Motion should be 28 granted, and hereby agree and stipulate as follows: 1 STIPULATION AND ORDER Case No.: C 11-04011 MEJ 1 2 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; 3 4 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; 5 Plaintiff shall be discharged and relieved of all further responsibility in this matter; 6 Defendants shall be enjoined from any further assertion of claims against Plaintiff relating to 7 the interpled funds. 8 9 DATED: January 11, 2012 10 SPAULDING McCULLOUGH & TANSIL LLP Attorneys for Defendant MICHAEL KANYON, as Trustee of The Thompson Living Trust Dated February 17, 2005 11 12 By: /s/ Gregory G. Spaulding 13 14 DATED: January 11, 2012 15 HINSHAW & CULBERSON LLP Attorneys for Plaintiff CUNA MUTUAL INSURANCE SOCIETY 16 17 By: /s/ Christopher J. Borders 18 19 20 DATED: January 11, 2012 BURROUGHS & FRONEBERGER Attorneys for Defendant MARSHALL THOMPSON 21 22 By: /s/ Henry D. Froneberger 23 24 ATTESTATION Pursuant to General Order 45, section X.B., I hereby attest that concurrence in the filing of 25 26 this document has been obtained from each of the other signatories. 27 /// 28 /// 2 STIPULATION AND ORDER Case No.: C 11-04011 MEJ 1 2 3 4 5 6 ORDER The Court hereby Orders as follows: 1. 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; 7 3. Plaintiff shall be discharged and relieved of all further responsibility in this matter; 8 4. Defendants are hereby enjoined form any further assertion of claims against Plaintiff NO 13 RT ER H 14 aria Judge M 15 am -Elena J R NIA ________________________________________________ UNITED STATES MAGISTRATE JUDGE es FO 1/12/12 Dated: _______________ 12 A 11 LI IT IS SO ORDERED. S DISTRICT TE C TA UNIT ED 10 S relating to the interpled funds. RT U O 9 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER Case No.: C 11-04011 MEJ

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