Primerica Life Insurance Company v. Bennett et al

Filing 52

AMENDED ORDER OF DISMISSAL (pursuant to 51 stipulation) by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 11/30/2016)

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613 First Street, Ste. 202
Brentwood, CA 94513
Tel. [phone] Fax. [phone]

ALVIS QUASHNOCK AND ASSOCIATES A PC

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Marie G. Quashnock (SBN 153567)
[e-mail]
Hallie N. Zimmerman (SBN 247407)
[e-mail]
ALVIS QUASHNOCK AND ASSOCIATES, PC
613 First Street, Suite 202
Brentwood, CA 94513
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants-in-Interpleader
TAMIKKO BENNETT and JEANTON BENNETT

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PRIMERICA LIFE INSURANCE COMPANY,
a corporation,

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Plaintiff,
v.

Case No. 3:16-cv-1698-WHA
AMENDED 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,

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Defendants.

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The parties, Defendants-in-Interpleader, TAMIKKO BENNETT and JEANTON

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BENNETT and Defendants-in-Interpleader AISHA GARRISON and CHRISTINA SAUNDERS,

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In propia persona, hereby stipulate as follows:

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1.

WHEREAS on November 18, 2016, Defendants-In-Interpleader TAMIKKO

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BENNETT and JEANTON BENNETT, with their counsel, and Defendants-In-Interpleader AISHA

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GARRISON and CHRISTINA SAUNDERS, in propria persona, participated in a Settlement

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Conference with the Honorable Magistrate Judge Kandis A. Westmore; and

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2.

WHEREAS the parties reached an unconditional settlement of the entire action.

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Case No. 3:16-cv-1698-WHA – AMENDED STIPULATION AND ORDER REGARDING DISMISSAL OF
ENTIRE ACTION

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3.

WHEREAS the court has requested that the parties submit an amended stipulation

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and order which includes the interest that has accumulated on the funds that have been deposited

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with the court in this action.

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4.

Therefore, the parties stipulate and request that the Court enter an order as follows:

613 First Street, Ste. 202
Brentwood, CA 94513
Tel. [phone] Fax. [phone]

ALVIS QUASHNOCK AND ASSOCIATES A PC

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a. Defendant-Interpleader AISHA GARRISON shall receive $7,500.00 from the

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interpleader proceeds and the Clerk of the United States District Court shall issue

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a check in that amount to “AISHA GARRISON” from the proceeds deposited in

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Court, to be mailed to 3527 68th Ave. #2 Oakland, CA 94605.

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b. Defendant-Interpleader CHRISTINA SAUNDERS shall receive $7,500.00 from

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the interpleader proceeds and the Clerk of the United States District Court shall

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issue a check in that amount to “CHRISTINA SAUNDERS” from the proceeds

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deposited in Court, to be mailed to the address provided by said Defendant-in-

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Interpleader to the Court in this action.

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c. Defendant-Interpleader TAMIKKO BENNETT shall receive the remainder of

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the interpleader proceeds, to wit, $82,907.63, as well as any and all interest that

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has accumulated on the funds deposited with the Court, and the Clerk of the

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United States District Court shall issue a check in that amount to “ALVIS

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QUASHNOCK AND ASSOCIATES TRUST ACCOUNT FOR THE BENEFIT

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OF TAMIKKO BENNETT” from the proceeds deposited in Court, to be mailed

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to Defendant-in-Interpleader TAMIKKO BENNETT’s counsel of record in this

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action;

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d. Defendant-Interpleader JEANTON BENNETT shall receive no distribution of
the interpleader proceeds;

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e. Defendant-Interpleader TAMIKKO BENNETT shall be solely responsible for

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the payment of Chaz Bennett’s funeral and mortuary expenses which total

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$22,488.76;

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f. All parties shall bear their own attorneys’ fees and costs incurred in this action;
and
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Case No. 3:16-cv-1698-WHA – AMENDED STIPULATION AND ORDER REGARDING DISMISSAL OF
ENTIRE ACTION

g. After distribution of the interpleader proceeds, this action shall be dismissed with

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prejudice as to all parties.

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IT IS SO STIPULATED
DATED: November 30, 2016

ALVIS QUASHNOCK AND
ASSOCIATES, PC

613 First Street, Ste. 202
Brentwood, CA 94513
Tel. [phone] Fax. [phone]

ALVIS QUASHNOCK AND ASSOCIATES A PC

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By:

/s/ Marie G. Quashnock
Marie G. Quashnock
613 First Street, Suite 202
Brentwood, CA 94513
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants-in-Interpleader
TAMIKKO BENNETT and JEANTON
BENNETT

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DATED: November 30, 2016

/s/ Aisha Garrison
Aisha Garrison

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3527 68th Avenue, Apt. 2
Oakland, Ca 94605
Defendant-in-Interpleader, In propia persona

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DATED: November 30, 2016

/s/ Christina Saunders
Christina Saunders

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3527 68th Ave, Apt. 4
Oakland, CA 94605
Defendant-in-Interpleader, In propia persona

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ORDER

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Pursuant to the stipulation of the parties, the Court hereby Orders as follows:

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1.

Defendant-Interpleader AISHA GARRISON is awarded $7,500.00 from the

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interpleader proceeds and the Clerk of the United States District Court shall issue a check in that

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amount to “AISHA GARRISON” from the proceeds deposited in Court, to be mailed to the address

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provided by said Defendant-in-Interpleader to the Court in this action.

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Case No. 3:16-cv-1698-WHA – AMENDED STIPULATION AND ORDER REGARDING DISMISSAL OF
ENTIRE ACTION

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2.

Defendant-Interpleader CHRISTINA SAUNDERS is awarded $7,500.00 from the

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interpleader proceeds and the Clerk of the United States District Court shall issue a check in that

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amount to “CHRISTINA SAUNDERS” from the proceeds deposited in Court, to be mailed to the

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address provided by said Defendant-in-Interpleader to the Court in this action.

613 First Street, Ste. 202
Brentwood, CA 94513
Tel. [phone] Fax. [phone]

ALVIS QUASHNOCK AND ASSOCIATES A PC

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3.

Defendant-Interpleader TAMIKKO BENNETT is awarded the remainder of the

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interpleader proceeds, to wit, $82,907.63, as well as any and all interest that has accumulated on the

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funds deposited with the Court, and the Clerk of the United States District Court shall issue a check

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in that amount to “ALVIS QUASHNOCK AND ASSOCIATES TRUST ACCOUNT FOR THE

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BENEFIT OF TAMIKKO BENNETT” from the proceeds deposited in Court, to be mailed to

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Defendant-in-Interpleader TAMIKKO BENNETT’s counsel of record in this action;
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

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prejudice as to all parties and all parties shall bear their own attorneys’ fees and costs incurred in

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this action.

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IT IS SO ORDERED.

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November 30, 2016.
DATED:______________________________
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___________________________________
HON. WILLIAM ALSUP
U.S. DISTRICT COURT JUDGE

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Case No. 3:16-cv-1698-WHA – AMENDED STIPULATION AND ORDER REGARDING DISMISSAL OF
ENTIRE ACTION