Fidelity & Guaranty Life Insurance Company v. Ng et al

Filing 26

STIPULATION AND ORDER. Signed by Magistrate Judge Laurel Beeler on 7/28/2015. (ls, COURT STAFF) (Filed on 7/28/2015)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
Julian J. Pardini, Esq., SB# 133878
E-Mail: [e-mail]
2
Stephen J. Liberatore, Esq., SB# 129772
E-Mail: [e-mail]
3
333 Bush Street, Suite 1100
4 San Francisco, California 94104-2872
Telephone: [phone]
5 Facsimile: 415.434.0882
6 Attorneys for Complainant in Interpleader
FIDELITY & GUARANTY
7 LIFE INSURANCE COMPANY
8
LAW OFFICES OF BENNETT M. COHEN
9 Bennett M. Cohen, Esq. SB# 98065
Email: [e-mail]
10 1438 Market Street
San Francisco, CA 94102
11 Tel: [phone]
Fax: [phone]
12
Attorneys for Defendant
13 DAISY NG
14
LOUIE & KITSUSE
15 Calvin S. Louie, Esq. SB# 96942
Email: [e-mail]
16 1520 The Alameda, Suite 100
San Jose, CA 95126
17 Tel: [phone]
Fax: [phone]
18
Attorneys for Defendant
19 YING YEH
20

UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA

22 FIDELITY & GUARANTY LIFE
INSURANCE COMPANY
23
Plaintiff,
24
v.
25
DAISY NG; YING YEH;
26 and DOES 1 to 100, inclusive,

BRISBOI
S
BISGAAR
D

STIPULATION OF PARTIES
ORDER

Defendants.

27

LEWI
S

CASE NO. 15-CV-00778 LB

28
4818-6055-5556.1

STIPULATION OF PARTIES; [PROPOSED] ORDER

1

Plaintiff FIDELITY & GUARANTY LIFE INSURANCE COMPANY (“FGLIC”) and

2 Defendants DAISY NG (“Ms. Ng”) and YING YEH (“Ms. Yeh”), with FGLIC, Ms. Ng. and
3 Ms. Yeh referred to hereinafter, collectively, as “the Parties”, hereby stipulate as follows:
4
5

RECITALS
1.

On April 26, 2004, FGLIC issued life insurance policy no. L0100492

6 (“the Policy”), with a face value of two-hundred thousand dollars ($200,000) to Jerry P. Kondeff
7 (“Mr. Kondeff”).
8

2.

Mr. Kondeff designated his former spouse, Ms. Ng, as the primary beneficiary

9 under the Policy.
10

3.

On July 5, 2006, Mr. Kondeff married Ms. Yeh.

11

4.

On June 13, 2014, Mr. Kondeff died.

12

5.

At the time of Mr. Kondeff’s death, he was still married to Ms. Yeh and Ms. Ng

13 remained the primary beneficiary under the Policy.
14

6.

FGLIC does not contest the validity of the Policy or its obligation to pay benefits

15 under the Policy.
16

7.

Ms. Ng and Ms. Yeh are in agreement that the $200,000 policy benefit should

17 be apportioned 50/50 before deduction of the costs and attorney’s fees being claimed by
18 FGLIC.
19

NOW, THEREFORE, the Parties, by and through their respective counsel of record, do

20 hereby stipulate as follows as request that the Court issue an order in accordance therewith:
21
22

STIPULATION
1.

That, no later than 15 days after executing this order, FGLIC be authorized and

23 directed to send a check in the amount of $92,283 made payable to “Ying Yeh and Louie &
24 Kitsuse Law Office” to the following address: Louie & Kitsuse Law Office, 1520 The Alameda,
25 Suite 100, San Jose CA 95126.
26

2.

That, no later than 15 days after executing this order, FGLIC be authorized and

27 directed to send a check in the amount of $92,283 made payable to “Daisy Ng and the Law

LEWI
S

BRISBOI
S
BISGAAR
D

28 Offices of Bennett M. Cohen” to the following address: Bennett M. Cohen, 1438 Market St, San
4818-6055-5556.1

2
STIPULATION OF PARTIES; [PROPOSED] ORDER

1 Francisco CA 94102.
2

3.

That Ms. Ng and Ms. Yeh be temporarily and permanently restrained from

3

instituting or prosecuting against FGLIC any claim in any state or United States court affecting

4

said benefits, except by way of interpleader in this action;

5

4.

That FGLIC be discharged from any and all further liability under the Policy; and

6

5.

That FGLIC be awarded $15,434 to cover its attorneys' fees ($14,370) and costs

7

8

and expenses ($1,064) incurred in connection with the bringing ofthis Complaint in Interpleader.
6.

That this action is hereby dismissed with prejudice.

9
10 Dated: July~, 2015

LEWIS BRISBOIS BISGAARD & SMITH LLP

11

12
13
14
15
Dated: July _ , 2015

LAW OFFICES OF BENNETT COHEN

16
By ____________________________~
Bennett M. Cohen
Attorneys for Defendant
DAISYNG

17
18
19
Dated: July _, 2015

By ____~--------------------~
Daisy Ng
Defendant

20
21
22
Dated: July _, 2015

LOUIE & KITSUSE

23
By __~~~~~--------------~
Calvin S. Louie
Attorneys for Defendant
YINGYEH

24
25
26
Dated: July _ , 2015

By __~~~~----------------~
Ying Yeh
Defendant

27

LEWIS

28

BRISBOIS
BISGAARD
& srv1f!H llP
ATTOR NE'f.'i AT lAW

4818-6055-5556.1

A

3

STIPULATION OF PARTIES; [PROPOSED] ORDER

1 Francisco CA 94102.
2

3.

That l\-1s. N g and Ms. Yeh be temporarily and permanently restrained from

3 instituting or prosecuting against FGLIC any claim in any state or United States court affecting
4 said

benefits~

except by way of interpleader in this action;

5

4.

That FGLIC be discharged from any and all further liability under the Policy; and

6

5.

That FGLIC be awarded $15,434 to cover its attorneys' fees ($14,370) and costs

7 and expenses ($1,064) incurred in connection with the bringing of this Complaint in Interpleader.
8

9 Dated: July _, 2015

LEWIS BRISBOIS BISGAARD & SI\1ITH LLP

10
By ________~~--------------~
Stephen J. Liberatore
Aitornevs for Defendant
FIDELITY & GUARANTY LIFE
INSURANCE (;QMPANY

11
12

13

14
Dated: July _, 2015

LAW OFFICES OF BENNETT COHEN

15

-~~
~~~
BennettMCcil

16

By..i_v

17

Attorneys for Defendant
DAISYNG

18

~~Q

19 Dated: July_, 2015
Bv

20

"'
Daisy Ng
Defendant

21
22 Dated: July_, 2015

LOUIE & KITSUSE

23
24

By __~~~~~--------------~
Calvin S. Louie
Attorneys for Defendant
YINGYEH

25
26

27

kEWI
BRISBOI

s

-~--~--

Dated: July_, 2015

28
4818-6055-5556.1

By ________________________~
Ying Yeh
Defendant

B

3

STfPULATION OF PARTIES; [PROPOSED] ORDER

1 Francisco CA 94 I 02.
2

3.

That Ms. Ng and Ms. Yeh be temporarily and permanently restrained from

3 instituting or prosecuting against FGLIC any claim in any state or United States court affecting
4 said benefits. except by way of interpleader in this action;

5

4.

That FOLIC be discharged from any and all further liability under the Policy; and

6

5.

That FOLIC be awarded $15,434 to cover its attorneys• fees ($14,370) and costs

7 and expenses ($1,064) incurred in connection with the bringing of this Complaint in Interpleader.

8

6.

That this action is hereby dismissed with prejudice.

9

10 Dated; July___, 2015

LEWIS BRISBOIS BISGAARD & SMITH LLP

11
12

By __~~~~~------------~
Stephen J. Liberatore
Attorneys for Plaintiff
FIDELITY & GUARANTY LIFE
INSURANCE COMPANY

13
14
15
Dated: July_, 2015

16

17

LAW OFFICES OF BENNETT COHEN
By __~--~~~------------~
Bennett M. Cohen
Attorneys for Defendant
DAlSYNG

18
19
Dated: July_, 2015

20

By __~.-~----------------~
DaisyNg
Defendant

21
22
23

Dated: July~ 2015

LOUIE &KITSUSE

24
25
26

Dated: July~2015

27

kEWI
BRISBOI

s _- .. .._....

28
4818-6055-5556.!

C

STIPULATION OF PARTIES; [PROPOSED] ORDER

1
2

ORDER
Based on the foregoing stipulation of the Parties and finding good cause therefor,

3
THE COURT HEREBY ORDERS AND DECREES that:
4
1. That, no later than 15 days after execution of this order, FGLIC is hereby
5
authorized and directed to send a check in the amount of $92,283 made payable to
6

“Ying Yeh and Louie & Kitsuse Law Office” to the following address: Louie &

7
Kitsuse Law Office, 1520 The Alameda, Suite 100, San Jose CA 95126;
8
9

2. That, no later than the first 15 days after executing this order, FGLIC is hereby

10

authorized and directed to send a check in the amount of $92,283 made payable to

11

“Daisy Ng and Law Offices of Bennett M. Cohen” to the following address:

12

Bennett M. Cohen 1438 Market St, San Francisco CA 94102;

13
3. That Ms. Ng and Ms. Yeh are hereby temporarily and permanently restrained from
14
instituting or prosecuting against FGLIC any claim in any state or United States
15
court affecting said benefits, except by way of interpleader in this action;
16
17

4. That FGLIC is hereby discharged from any and all further liability under
the Policy; and

18
19

5. That FGLIC is hereby awarded $15,434 to cover its reasonable attorneys’ fees

20
($14,370) and costs and expenses ($1,064) incurred in connection with the bringing
21
of this Complaint in Interpleader.
22
23

6. That this action is hereby dismissed with prejudice.

24
It is so ordered.
25
28
26 Dated: July __, 2015

__________________________________
Laurel Beeler
United States Magistrate Judge
United States District Court
Northern District of California

27

LEWI
S

BRISBOI
S
BISGAAR
D

28
4818-6055-5556.1

4
STIPULATION OF PARTIES; [PROPOSED] ORDER