Aetna Life Insurance Company v. Kohler et al

Filing 34

ORDER Granting 33 Stipulation RE DEPOSIT OF DISPUTED FUNDS. Signed by Judge Claudia Wilken on 7/29/2011. (ndr, COURT STAFF) (Filed on 7/29/2011)

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Robert F. Schwartz, SBN 227327
[e-mail]
Clarissa A. Kang, SBN 210660
[e-mail]
Michelle L. Schuller, SBN 255787
[e-mail]
TRUCKER HUSS
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
AETNA LIFE INSURANCE COMPANY,
ON BEHALF OF LEHMAN BROTHERS
HOLDINGS, INC.

Huss
Trucker

UNITED STATES DISTRICT COURT

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A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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AETNA LIFE INSURANCE COMPANY,
ON BEHALF OF LEHMAN BROTHERS
HOLDINGS, INC.,
Plaintiff,

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vs.

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Case No. C-11-00439-CW
STIPULATION AND [PROPOSED]
ORDER RE DEPOSIT OF DISPUTED
FUNDS

THOMAS KOHLER and DIANE KIMSEU
KOHLER,

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Defendants.
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Plaintiff Aetna Life Insurance Company (the “Plaintiff”) and defendants Thomas Kohler

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and Diane Kimseu Kohler (collectively, “Defendants”) hereby agree to the following stipulation to

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be binding on the parties hereto and request this Court to approve the terms of this Stipulation Re

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Deposit of Disputed Funds as set forth herein:

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1.

Plaintiff has asserted a claim of entitlement to the settlement funds totaling

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$144,628.56 (the “Disputed Funds”) that are currently held by the Superior Court of California,

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County of San Francisco in civil action Kohler v. Warren, Case No. CGC-09-489784 (“State

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Action”). Plaintiff is not a party to the State Action.

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STIPULATION AND [PROPOSED] ORDER RE DEPOSIT OF DISPUTED FUNDS;
Case No. C-11-00439-CW
#1185483

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2.

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The parties have agreed that this Court is the appropriate forum for resolution of

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Plaintiff’s claims to the Disputed Funds, and Defendants have agreed to make their best efforts to

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effectuate (1) release of the Disputed Funds from the San Francisco Superior Court to Defendants’

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counsel (Andrew Klimenko at The Dolan Law Firm) for deposit into the client trust account for

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The Dolan Law Firm and (2) dismissal of the State Action. Defendants agree to take such action as

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required in this paragraph 2 as soon as possible, and will do so before the September 18, 2011 trial

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date in the State Action.
3.

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Upon release of the Disputed Funds by the San Francisco Superior Court,

Defendants and their counsel agree to take all steps necessary to immediately transfer such funds to

Huss
Trucker

The Dolan Law Firm’s client trust account to be held in trust, pending final disposition of this

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A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

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federal court proceeding, either by settlement, final judgment by the district court, and expiration

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of all appeals from any decision by this district court or a subsequent decision by an appellate

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court.
4.

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If the instant federal court action is resolved through final judgment by this Federal

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District Court, the Disputed Funds held in Defendants’ counsel’s client trust account shall not be

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distributed or otherwise released until that judgment has become final and nonappealable, either

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through the passage of time or, if a notice of appeal is filed, upon final disposition of any appeal,

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including the exhaustion of proceedings in any remand or subsequent appeal on remand affirming

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this Court’s final judgment.
5.

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Notwithstanding paragraph 4 above, Defendants agree to comply with any final

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order entered by the Court regarding the disposition of the Disputed Funds within 45 days of

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Defendants’ receipt of such order, and if the order is appealable, a signed and notarized agreement

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between the parties that neither party will appeal or otherwise challenge that order.

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STIPULATION AND [PROPOSED] ORDER RE DEPOSIT OF DISPUTED FUNDS;
Case No. C-11-00439-CW
#1185483

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IT IS SO STIPULATED.
DATED: July 26, 2011

TRUCKER

HUSS

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By: /s/Clarissa A. Kang
Clarissa A. Kang

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Attorneys for Plaintiff Aetna Life Insurance
Company, on behalf of Lehman Brothers
Holdings, Inc.

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DATED: July 26, 2011

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By: /s/Andrew Klimenko
Andrew Klimenko

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Huss
Trucker

A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104

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Attorneys for Defendants Thomas Kohler and
Diane Kimseu Kohler

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I attest that my firm has obtained Mr. Klimenko’s concurrence in the filing of this document.

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DATED: July 26, 2011
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By: /s/Clarissa A. Kang
Clarissa A. Kang

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[PROPOSED] ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
July 29
DATED: __________________, 2011

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_________________________________________
Claudia Wilken
Judge of the United States District Court

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STIPULATION AND [PROPOSED] ORDER RE DEPOSIT OF DISPUTED FUNDS;
Case No. C-11-00439-CW
#1185483

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