Manhattan Life Insurance Company v. Garcia et al

Filing 52

AMENDED STIPULATION AND ORDER DISTRIBUTING INTERPLED FUNDS. Signed by Magistrate Judge Laurel Beeler on 10/10/2013. (ls, COURT STAFF) (Filed on 10/10/2013)

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William D. Whiteman, SBN 100469
LAW OFFICES OF WILLIAM D. WHITEMAN
4 Embarcadero Center, 17th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendants
Pamela Benjamin and Rene Taylor

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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MANHATTAN LIFE INS. CO.

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Plaintiff

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v.

No. C-13-0822LB

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DANIEL GARCIA et al.,

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STIPULATION AND [PROPOSED]
ORDER DISTRIBUTING INTERPLED
FUNDS

Defendants.
___________________________________/

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Defendant Daniel Garcia, on the one hand, and Defendants Pamela Benjamin and Rene
Taylor, on the other hand, stipulate and agree as follows:

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WHEREAS, the Plaintiff in this interpleader action has been dismissed pursuant to an
Order of this Court dated July 31, 2013; and
WHEREAS, Plaintiff was awarded the sum of $7,500 in attorneys fees, leaving the sum
of $92,500 in interpled funds; and
WHEREAS, the Defendants in this action have settled the matter on the record after a
Settlement Conference with the Hon. Donna Ryu on September 24, 2013; and
WHEREAS, the Defendants agree that the balance of interpled funds shall be disbursed

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$57,500 on behalf of Defendant Daniel Garcia, and $35,000 jointly on behalf of Defendants Pam

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Benjamin and Rene Taylor.

STIPULATION AND [PROPOSED] ORDER DISTRIBUTING INTERPLED FUNDS

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NOW THEREFORE, THE DEFENDANTS STIPULATE AS FOLLOWS:

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1. That the Court shall order the Clerk to promptly issue payment of the sum of $57,500

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on behalf of Defendant Daniel Garcia payable to the trust account of his attorneys of record,

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Geary, Shea, O’Donnel, Grattan & Mitchell, P.C.

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2. That the Court shall order the Clerk to promptly issue payment of the sum of $35,000

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on behalf of Defendants Pamela Benjamin and Rene Taylor, jointly, payable to the trust account

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of their attorneys of record, Law Offices of William D. Whiteman.

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IT IS SO STIPULATED:

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Law Offices of William D. Whiteman
Dated: September ___, 2013

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BY:_________/s/________________
William D. Whiteman
Attorneys for Defendants
Benjamin and Taylor

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Geary, Shea, O’Donnel, Grattan & Mitchell, P.C.

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Dated: September ___, 2013

BY:_________/s/_________________
Raymond J. Fullerton
Attorneys for Defendant Garcia

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ATTESTATION OF E-FILED SIGNATURE
I, William D.Whiteman, am the ECF user whose ID and password are being used to file
this Stipulation and [Proposed] Order Distributing Interpled Funds. In compliance with Local
Rule 5-1(i)(3) I hereby attest that Raymond J. Fullerton, attorney for Defendant Daniel Garcia,
has concurred in this filing.
Law Offices of William D. Whiteman

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Dated: September ___, 2013

BY:_________/s/________________
William D. Whiteman
Attorneys for Defendants
Benjamin and Taylor

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STIPULATION AND [PROPOSED] ORDER DISTRIBUTING INTERPLED FUNDS

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[PROPOSED] ORDER

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Pursuant to the Stipulation of the Defendants herein, IT IS HEREBY ORDERED that

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the Clerk of Court shall disburse the $92,500 balance of the funds interpled in this case and shall

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issue checks as follows:

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1. A check in the sum of $57,500 on behalf of Defendant Daniel Garcia payable to

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“Geary, Shea, O’Donnel, Grattan & Mitchell, P.C. Trust Account” and mailed to Garcia’s

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attorney of record Raymond F. Fullerton at said firm located at 37 Old Courthouse Square,

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Fourth Floor, Santa Rosa, CA 95404.

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Raymond J. Fullerton, Jr.

2. A check in the sum of $35,000 on behalf of Defendants Pamela Benjamin and Rene

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Taylor, jointly, payable to “Law Offices of William D. Whiteman Trust Account” and mailed to

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Benjamin’s and Taylor’s attorney of record William D. Whiteman at said firm located at 4

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Embarcadero Center, 17th Floor, San Francisco, CA 94111.

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3. Said checks shall be mailed within thirty (30) days of the date of this Order.

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IT IS SO ORDERED.

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October 10, 2013
Dated:___________________

________________________________
THE HONORABLE LAUREL BEELER
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER DISTRIBUTING INTERPLED FUNDS

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