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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 NAOMI KOGA-SMITH, 9 Plaintiff, v. 11 For the Northern District of California 10 United States District Court No. C-12-4050 EMC METLIFE, et al., 12 Defendants. ___________________________________/ ORDER DENYING DEFENDANT CARTER’S MOTION FOR SHOW CAUSE HEARING (Docket No. 59) 13 14 15 Previously, the Court granted Defendant Lisa K. Carter’s motion for summary judgment, 16 which Defendant MetLife supported. In its order, the Court instructed MetLife to disburse 50% of 17 the insurance proceeds to Ms. Cater and 50% of the proceeds to Plaintiff Naomi Koga-Smith. See 18 Docket No. 54 (Order at 5). Ms. Carter has now filed a motion asking the Court to order MetLife to 19 show cause as to why it should not be held in contempt of Court for failing to disburse the proceeds 20 to her. 21 Ms. Carter’s motion for relief is hereby DENIED. MetLife cannot be held in contempt of 22 violating a Court order because the Court simply ordered MetLife to disburse the funds. It did not 23 order MetLife to distribute the funds by a particular date or in a particular way, including the 24 preferred means now identified by Ms. Carter. The Court, however, shall order Ms. Carter and 25 MetLife to meet and confer by telephone to determine whether they can reach an agreement as to 26 how the money should be distributed to Ms. Carter. If Ms. Carter wishes the funds to be distributed 27 by means of a wire transfer, she should be prepared during the meet and confer to provide MetLife 28 with the necessary information to effect the transfer. MetLife should be prepared to discuss with 1 Ms. Carter why a wire transfer cannot be effected or, if it is willing to do the transfer, to describe the 2 conditions needed for the transfer to take place (e.g., whether Ms. Carter needs to provide a signed 3 statement providing the information needed for the transfer, whether Ms. Carter will be required to 4 pay for the cost of the transfer). During the meet and confer, the parties should also discuss the issue 5 of accrued interest. 6 If the parties are unable to reach an agreement, then they shall file a joint letter with the 7 Court no later than March 26, 2013, describing what the remaining disputes are and how each party 8 proposes the disbursement to be made. The Court shall then make a ruling based on the written 9 submission. This order disposes of Docket No. 59. 11 For the Northern District of California United States District Court 10 12 IT IS SO ORDERED. 13 14 Dated: March 19, 2013 15 _________________________ EDWARD M. CHEN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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