Primerica Life Insurance Company v. Bennett et al

Filing 50

ORDER OF DISMISSAL (pursuant to 49 stipulation). (whalc2, COURT STAFF) (Filed on 11/21/2016)

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1 2 3 4 613 First Street, Ste. 202 Brentwood, CA 94513 Tel. (925) 516-1617 Fax. (925) 775-7008 ALVIS QUASHNOCK AND ASSOCIATES A PC 5 6 7 Marie G. Quashnock (SBN 153567) marie@aqalegal.com Hallie N. Zimmerman (SBN 247407) hallie@aqalegal.com ALVIS QUASHNOCK AND ASSOCIATES, PC 613 First Street, Suite 202 Brentwood, CA 94513 Telephone: (925) 516-1617 Facsimile: (925) 775-7008 Attorneys for Defendants-in-Interpleader TAMIKKO BENNETT and JEANTON BENNETT 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 PRIMERICA LIFE INSURANCE COMPANY, a corporation, 12 13 14 15 16 Plaintiff, v. Case No. 3:16-cv-1698-WHA STIPULATION AND ORDER REGARDING DISMISSAL OF ENTIRE ACTION TAMIKKO BENNETT, an individual; JEANTON BENNETT, an individual; AISHA GARRISON, an individual; CHRISTINA SAUNDERS, an individual; EXPRESS FUNERAL FUNDING, LLC, a limited liability company; and DOES 1 through 15, inclusive, 17 Defendants. 18 19 The parties, Defendants-in-Interpleader, TAMIKKO BENNETT and JEANTON 20 BENNETT and Defendants-in-Interpleader AISHA GARRISON and CHRISTINA SAUNDERS, 21 In propia persona, hereby stipulate as follows: 22 1. WHEREAS on November 18, 2016, Defendants-In-Interpleader TAMIKKO 23 BENNETT and JEANTON BENNETT, with their counsel, and Defendants-In-Interpleader AISHA 24 GARRISON and CHRISTINA SAUNDERS, in propria persona, participated in a Settlement 25 Conference with the Honorable Magistrate Judge Kandis A. Westmore; and 26 2. WHEREAS the parties reached an unconditional settlement of the entire action. 27 3. Therefore, the parties stipulate and request that the Court enter an order as follows: 28 1 Case No. 3:16-cv-1698-WHA – STIPULATION AND ORDER REGARDING DISMISSAL OF ENTIRE ACTION interpleader proceeds and the Clerk of the United States District Court shall issue 3 a check in that amount to “AISHA GARRISON” from the proceeds deposited in 4 Court, to be mailed to the address provided by said Defendant-in-Interpleader to 5 613 First Street, Ste. 202 Brentwood, CA 94513 Tel. (925) 516-1617 Fax. (925) 775-7008 a. Defendant-Interpleader AISHA GARRISON shall receive $7,500.00 from the 2 ALVIS QUASHNOCK AND ASSOCIATES A PC 1 the Court in this action. 6 b. Defendant-Interpleader CHRISTINA SAUNDERS shall receive $7,500.00 from 7 the interpleader proceeds and the Clerk of the United States District Court shall 8 issue a check in that amount to “CHRISTINA SAUNDERS” from the proceeds 9 deposited in Court, to be mailed to the address provided by said Defendant-inInterpleader to the Court in this action. 10 11 c. Defendant-Interpleader TAMIKKO BENNETT shall receive the remainder of 12 the interpleader proceeds, to wit, $82,907.63 and the Clerk of the United States 13 District Court shall issue a check in that amount to “ALVIS QUASHNOCK 14 AND ASSOCIATES TRUST ACCOUNT FOR THE BENEFIT OF TAMIKKO 15 BENNETT” from the proceeds deposited in Court, to be mailed to Defendant-in- 16 Interpleader TAMIKKO BENNETT’s counsel of record in this action; d. Defendant-Interpleader JEANTON BENNETT shall receive no distribution of 17 the interpleader proceeds; 18 19 e. Defendant-Interpleader TAMIKKO BENNETT shall be solely responsible for 20 the payment of Chaz Bennett’s funeral and mortuary expenses which total 21 $22,488.76; f. All parties shall bear their own attorneys’ fees and costs incurred in this action; 22 and 23 24 /// 25 /// 26 /// 27 /// 28 2 Case No. 3:16-cv-1698-WHA – STIPULATION AND ORDER REGARDING DISMISSAL OF ENTIRE ACTION g. After distribution of the interpleader proceeds, this action shall be dismissed with 1 prejudice as to all parties. 2 3 4 IT IS SO STIPULATED DATED: November 21, 2016 ALVIS QUASHNOCK AND ASSOCIATES, PC 613 First Street, Ste. 202 Brentwood, CA 94513 Tel. (925) 516-1617 Fax. (925) 775-7008 ALVIS QUASHNOCK AND ASSOCIATES A PC 5 By: /s/ Marie G. Quashnock Marie G. Quashnock 613 First Street, Suite 202 Brentwood, CA 94513 Telephone: (925) 516-1617 Facsimile: (925) 775-7008 Attorneys for Defendants-in-Interpleader TAMIKKO BENNETT and JEANTON BENNETT 6 7 8 9 10 11 12 DATED: November 21, 2016 /s/ Aisha Garrison Aisha Garrison 13 3527 68th Avenue, Apt. 2 Oakland, Ca 94605 Defendant-in-Interpleader, In propia persona 14 15 16 17 DATED: November 21, 2016 /s/ Christina Saunders Christina Saunders 18 3527 68th Ave, Apt. 4 Oakland, CA 94605 Defendant-in-Interpleader, In propia persona 19 20 21 22 ORDER 23 Pursuant to the stipulation of the parties, the Court hereby Orders as follows: 24 1. Defendant-Interpleader AISHA GARRISON is awarded $7,500.00 from the 25 interpleader proceeds and the Clerk of the United States District Court shall issue a check in that 26 amount to “AISHA GARRISON” from the proceeds deposited in Court, to be mailed to the address 27 provided by said Defendant-in-Interpleader to the Court in this action. 28 3 Case No. 3:16-cv-1698-WHA – STIPULATION AND ORDER REGARDING DISMISSAL OF ENTIRE ACTION 1 2. Defendant-Interpleader CHRISTINA SAUNDERS is awarded $7,500.00 from the 2 interpleader proceeds and the Clerk of the United States District Court shall issue a check in that 3 amount to “CHRISTINA SAUNDERS” from the proceeds deposited in Court, to be mailed to the 4 address provided by said Defendant-in-Interpleader to the Court in this action. 613 First Street, Ste. 202 Brentwood, CA 94513 Tel. (925) 516-1617 Fax. (925) 775-7008 ALVIS QUASHNOCK AND ASSOCIATES A PC 5 3. Defendant-Interpleader TAMIKKO BENNETT is awarded the remainder of the 6 interpleader proceeds, to wit, $82,907.63 and the Clerk of the United States District Court shall 7 issue a check in that amount to “ALVIS QUASHNOCK AND ASSOCIATES TRUST ACCOUNT 8 FOR THE BENEFIT OF TAMIKKO BENNETT” from the proceeds deposited in Court, to be 9 mailed to Defendant-in-Interpleader TAMIKKO BENNETT’s counsel of record in this action; 10 11 12 4. Defendant-Interpleader TAMIKKO BENNETT shall be solely responsible for the payment of Chaz Bennett’s funeral and mortuary expenses which total $22,488.76; 5. After distribution of the interpleader proceeds, this action shall be dismissed with 13 prejudice as to all parties and all parties shall bear their own attorneys’ fees and costs incurred in 14 this action. 15 IT IS SO ORDERED. 16 DATED:______________________________ November 21, 2016. 17 ___________________________________ HON. WILLIAM ALSUP U.S. DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 3:16-cv-1698-WHA – STIPULATION AND ORDER REGARDING DISMISSAL OF ENTIRE ACTION

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