Manhattan Life Insurance Company v. Garcia et al

Filing 55

SUPPLEMENTAL STIPULATION AND ORDER DISTRIBUTING ADDITIONAL INTERPLED FUNDS: Re 54 STIPULATION WITH PROPOSED ORDER re 52 Stipulation and Order Distributing Additional Interpled Funds filed by Pamela Benjamin. Signed by Magistrate Judge Laurel Beeler on 10/30/2013. (ls, COURT STAFF) (Filed on 10/30/2013)

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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.

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DANIEL GARCIA et al.,

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No. C-13-0822LB
SUPPLEMENTAL
STIPULATION AND [PROPOSED]
SUPPLEMENTAL ORDER
DISTRIBUTING ADDITIONAL
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 Court entered an Order on October 10, 2013 concerning the distribution
of $92,500 interpled in this case; and
WHEREAS, it was later determined that there were additional funds, over and above the
amount covered by the October 10, 2013 Order, which also needed to be distributed; and
WHEREAS those additional funds include the amount of $2,128.67 as well as accrued
interest, both of which need to be distributed,

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SUPPLEM ENTAL STIPULATION AND [PROPOSED] SUPPLEM ENTAL ORDER
DISTRIBUTING ADDITIONAL 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 62.162% of the

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additional funds (including $2,128.67 plus accrued interest) on behalf of Defendant Daniel

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Garcia payable to the trust account of his attorneys of record, Geary, Shea, O’Donnel, Grattan &

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Mitchell, P.C.

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2. That the Court shall order the Clerk to promptly issue payment of 37.838% of the

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additional funds (including $2,128.67 plus accrued interest) on behalf of Defendants Pamela

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Benjamin and Rene Taylor, jointly, payable to the trust account of their attorneys of record, Law

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Offices of William D. Whiteman.

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IT IS SO STIPULATED:

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Law Offices of William D. Whiteman
Dated: October 25, 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: October 25, 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: October 25, 2013

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

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SUPPLEM ENTAL STIPULATION AND [PROPOSED] SUPPLEM ENTAL ORDER
DISTRIBUTING ADDITIONAL 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 sum of (1) the $2,128.67 balance of the funds interpled in

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this case, plus (2) any accrued interest, and shall issue checks as follows:

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1. A check in the sum of 62.162% of said sum on behalf of Defendant Daniel Garcia

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

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Garcia’s attorney of record Raymond J. Fullerton, Jr. at said firm located at 37 Old Courthouse

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Square, Fourth Floor, Santa Rosa, CA 95404.

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2. A check in the sum of 37.838% of said sum on behalf of Defendants Pamela Benjamin

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

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

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at 4 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 30, 2013
Dated:___________________

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THE HONORABLE LAUREL BEELER
United States Magistrate Judge

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SUPPLEM ENTAL STIPULATION AND [PROPOSED] SUPPLEM ENTAL ORDER
DISTRIBUTING ADDITIONAL INTERPLED FUNDS

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