American General Life Insurance Company v. Strain et al

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER re 23 Order, Set Deadlines/Hearings, Terminate Motions, Order of Distribution of Funds, Stipulation of the Parties for an Order Amending Case Mangement Order filed by Ame rican General Life Insurance Company, The Public Administrator of the County of Contra Costa as Administrator of the Estate of Daphne Margaret Chestnutt. Signed by Magistrate Judge Kandis A. Westmore on 12/9/16. (sisS, COURT STAFF) (Filed on 12/12/2016)

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MICHAEL K. BRISBIN (SBN 169495)
Email: [e-mail]
DENNIS J. RHODES (SBN 168417)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff,
AMERICAN GENERAL LIFE INSURANCE COMPANY
SHARON L. ANDERSON, ESQ.
ABIGAIL L. DYE, ESQ.
[e-mail]
DEPUTY COUNTY COUNSEL
651 Pine Street, 9th Floor
Martinez, CA 94553
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant,
The Public Administrator of the County of Contra Costa as
Administrator of the Estate of Daphne Margaret Chestnut
AKA Daphne M. Chestnutt, AKA Daphne Chestnutt

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMERICAN GENERAL LIFE INSURANCE
COMPANY,

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Plaintiff,

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Case No.: 4:16-cv-02729-KAW
STIPULATION OF THE PARTIES FOR AN
ORDER AMENDING CASE
MANAGEMENT ORDER

v.
THE PUBLIC ADMINISTRATOR OF THE
COUNTY OF CONTRA COSTA AS
ADMINISTRATOR OF THE ESTATE OF
DAPHNE MARGARET CHESTNUTT, AKA
DAPHNE M. CHESTNUTT, AKA DAPHNE
CHESTNUTT and KENEE CAMPO,

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STIPULATION OF THE PARTIES FOR AN AMENDMENT TO CASE MANAGEMENT ORDER
1654151v.1

Defendants.

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IT IS HEREBY STIPULATED, by and between plaintiff American General Life Insurance

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Company, (“American General”), and defendant, The Public Administrator of the County if Contra

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Costa as Adminstrator of the Estate of Daphne Margaret Chestnutt, AKA Daphne M. Chestnutt,

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AKA Daphne Chestnutt (hereinafter “Public Administrator”), through their respective attorneys of

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record, as follows:

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1. WHEREAS, on October 11, 2016, the Parties stipulated for an order of discharge and
distribution of funds; and

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2. WHEREAS, on October 11, 2016, the parties also stipulated for a continuance of the case
management conference; and

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3. WHEREAS, this Court entered a Case Management Order on October 13, 2016, calling for
the distribution of funds on deposit; and

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4. WHEREAS, the stipulation of discharge and distribution of funds, and hence the October

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13, 2016 Case Management Order, did not include an agreement for the distribution of interest

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accrued; and

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5. WHEREAS, the Court’s Finance Department requires the Order to state that the amount to

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be distributed expressly include the interest accrued while on deposit in the Court’s registry:

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STIPULATION OF THE PARTIES FOR AN AMENDMENT TO CASE MANAGEMENT ORDER
1654151v.1

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IT IS HEREBY STIPULATED and requestsed that the Court amend the Case

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Management Order to include the distribution of accured interest as well as the funds deposited into

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the registry of the Court be disbursed to “Estate of Daphne Chestnutt” as set forth in the Case

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Management Order.

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SO STIPULATED
Dated: December 9, 2016

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By: /s/ Dennis J. Rhodes ________________
Michael K. Brisbin
Dennis J. Rhodes
Attorneys for Plaintiff,
American General Life Insurance Company

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Dated: December 9, 2016

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DEPUTY COUNTY COUNSEL
By: /s/ Abigail L. Dye
Abigail L. Dye, Esq.
Sharon L. Anderson, Esq.
Attorneys for Defendant,
The Public Administrator of the County of Contra Costa as
Administrator of the Estate of Daphne Margaret Chestnutt,
AKA Daphne M. Chestnutt, AKA Daphne Chestnutt

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ATTESTATION PURSUANT TO GENERAL ORDER 45
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I, Dennis J. Rhodes, attest that concurrence in the filing of this document has been obtained
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from any signatories indicated by a “conformed” signature (/s/) within this e-filed document. I
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declare under penalty of perjury under the laws of the United States of America that the foregoing is
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true and correct.
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/s/ Dennis J. Rhodes______________________
Dennis J. Rhodes

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ORDER:

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STIPULATION OF THE PARTIES FOR AN AMENDMENT TO CASE MANAGEMENT ORDER
1654151v.1

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Pursuant to the stipulation of the Parties, the Case Management Order dated October 13, 2016 is

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hereby amended to include accrued interest which shall be distributed with the funds on deposit to

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“Estate of Daphne Chestnutt”.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Hon. Kandis A. Westmore
United States Magistrate Judge Kandis A.
Westmore

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12/12/16

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Date
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1654151v.1 STIPULATION OF THE PARTIES FOR AN AMENDMENT TO CASE MANAGEMENT ORDER