Koga-Smith v. MetLife et al

Filing 60

ORDER by Judge Edward M. Chen denying 59 Defendant Carter's Motion for Show Cause Hearing (emclc1, COURT STAFF) (Filed on 3/19/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAOMI KOGA-SMITH,

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Plaintiff,
v.

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For the Northern District of California

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United States District Court

No. C-12-4050 EMC

METLIFE, et al.,

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Defendants.
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ORDER DENYING DEFENDANT
CARTER’S MOTION FOR SHOW
CAUSE HEARING
(Docket No. 59)

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Previously, the Court granted Defendant Lisa K. Carter’s motion for summary judgment,

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which Defendant MetLife supported. In its order, the Court instructed MetLife to disburse 50% of

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the insurance proceeds to Ms. Cater and 50% of the proceeds to Plaintiff Naomi Koga-Smith. See

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Docket No. 54 (Order at 5). Ms. Carter has now filed a motion asking the Court to order MetLife to

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show cause as to why it should not be held in contempt of Court for failing to disburse the proceeds

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to her.

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Ms. Carter’s motion for relief is hereby DENIED. MetLife cannot be held in contempt of

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violating a Court order because the Court simply ordered MetLife to disburse the funds. It did not

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order MetLife to distribute the funds by a particular date or in a particular way, including the

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preferred means now identified by Ms. Carter. The Court, however, shall order Ms. Carter and

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MetLife to meet and confer by telephone to determine whether they can reach an agreement as to

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how the money should be distributed to Ms. Carter. If Ms. Carter wishes the funds to be distributed

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by means of a wire transfer, she should be prepared during the meet and confer to provide MetLife

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with the necessary information to effect the transfer. MetLife should be prepared to discuss with

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Ms. Carter why a wire transfer cannot be effected or, if it is willing to do the transfer, to describe the

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conditions needed for the transfer to take place (e.g., whether Ms. Carter needs to provide a signed

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statement providing the information needed for the transfer, whether Ms. Carter will be required to

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pay for the cost of the transfer). During the meet and confer, the parties should also discuss the issue

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of accrued interest.

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If the parties are unable to reach an agreement, then they shall file a joint letter with the

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Court no later than March 26, 2013, describing what the remaining disputes are and how each party

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proposes the disbursement to be made. The Court shall then make a ruling based on the written

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submission.
This order disposes of Docket No. 59.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: March 19, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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