New York Life Insurance and Annuity v. Stiles et al

Filing 23

STIPULATION AND ORDER FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION. Signed by Judge Richard Seeborg on 3/1/13. (cl, COURT STAFF) (Filed on 3/1/2013)

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J. Russell Stedman (117130)
[e-mail]
Brendan V. Mullan (267613)
[e-mail]
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff-in-Interpleader
NEW YORK LIFE INSURANCE and ANNUITY
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION,

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Plaintiff-in-Interpleader,
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vs.
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INGA STILES, an individual; BRIAN
ANTHONY GOMEZ, an individual; and
DOES 1 through 20 inclusive,

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Defendants-in-Interpleader.
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CASE NO. CV 12-06200 RS
STIPULATION FOR DISMISSAL AND
DISCHARGE OF PLAINTIFF NEW
YORK LIFE INSURANCE AND
ANNUITY CORPORATION;
[PROPOSED] ORDER
Complaint Filed: December 6, 2012

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The parties, by and through their respective counsel, stipulate as follows:

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RECITALS

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WHEREAS, New York Life Insurance and Annuity Corporation (“New York Life”) issued

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a life insurance policy to Erica D. Kapany (“Kapany”), dated July 24, 2008 (“Policy”);

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WHEREAS, Kapany died on September 6, 2012;

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WHEREAS, Defendants-in-Interpleader Inga Stiles and Brian Gomez each submitted a

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claim to New York Life for the proceeds of the Policy, and each makes claim to the entire Policy

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proceeds to the exclusion of the other;

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION; [PROPOSED] ORDER
CASE NO. CV 12-06200 RS

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WHEREAS, New York Life has at all relevant times admitted liability under the terms of

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the Policy, makes no claim to the Policy proceeds, and has been unable to determine the proper

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beneficiary in light of the Defendants-in-Interpleaders’ competing claims;

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WHEREAS, on December 6, 2012, New York Life filed this action-in-interpleader pursuant

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to F.R.C.P. 22, and deposited with the Court the full proceeds of the Policy with accrued statutory

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interest in the amount of $1,002,602.74;

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WHEREAS, in its Complaint-in-Interpleader New York Life sought, among other things, to

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be discharged and dismissed from this action in order to terminate all actual or potential liability

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under the Policy and to recover its attorneys’ fees and costs incurred in preparing and participating

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in this action;

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WHEREAS, Defendants-in Interpleader on the one hand, and New York Life on the other,

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have reached a compromise and agreement for the dismissal and discharge of New York Life from

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this action.

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STIPULATION

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IT IS HEREBY STIPULATED BY AND BETWEEN COUNSEL OF RECORD FOR
EACH OF THE PARTIES:

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1.

New York Life and its agents, attorneys and assigns are discharged of all liability

with respect to or related to the Policy and this action;

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2.

New York Life is dismissed from this action with prejudice;

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3.

The Defendants-in-Interpleader, and each of them, their agents, attorneys and

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assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from

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instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its

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agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;

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4.

New York Life waives all claims to recovery of attorneys’ fees and costs to be paid

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from the interpleaded funds or otherwise.

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-2STIPULATION FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION; [PROPOSED] ORDER
CASE NO. CV 12-06200 RS

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5.

New York Life on the one hand, and Defendants-in-Interpleader on the other, shall

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bear their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to

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recovery of costs.

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Dated: February 28, 2013

BARGER & WOLEN LLP

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By: /s/ J. RUSSELL STEDMAN
J. RUSSELL STEDMAN
BRENDAN V. MULLAN
Attorney for Plaintiff-in-Interpleader
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION

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Dated: February 28, 2013

THE HERITAGE LAW GROUP, A.P.C.

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By: /s/ JILL R. SCHACHTER
ROGER D. WINTLE
JILL R. SCHACHTER
Attorney for Defendant-in-Interpleader
BRIAN GOMEZ

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Dated: February 28, 2013

BRADLEY, DRENDEL & JEANNEY

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By: /s/ WILLIAM C. JEANNEY
WILLIAM C. JEANNEY
JAMES ANDRE BOLES, CBA 141639
Attorney for Defendant-in-Interpleader
INGA STILES

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-3STIPULATION FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION; [PROPOSED] ORDER
CASE NO. CV 12-06200 RS

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ORDER

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GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED:

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1.

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New York Life and its agents, attorneys and assigns are discharged of all liability

with respect to or related to the Policy or this action;

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2.

New York Life is dismissed from this action with prejudice;

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3.

The Defendants-in-Interpleader, and each of them, their agents, attorneys and

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assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from

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instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its

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agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;

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4.

New York Life shall not recover any attorneys’ fees and costs from the interpleaded

funds or otherwise in this action.

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New York Life on the one hand, and Defendants-in-Interpleader on the other, shall bear

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their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to

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recovery of costs.

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Dated:

3/1/13
THE HONORABLE RICHARD SEEBORG
JUDGE, U.S. DISTRICT COURT

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-4STIPULATION FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION; [PROPOSED] ORDER
CASE NO. CV 12-06200 RS