1 Lincoln Financial Company v. Metropolitan Life Insurance Company

Filing 53

ORDER Granting 50 Ex Parte Motion to Deposit Life Insurance Benefits Into the Registry of the Court; For Attorneys' Fees; And for Discharge. Signed by Judge M. James Lorenz on 6/10/2010. (mjj)

1 2 3 4 5 6 7 8 9 10 11 1 LINCOLN FINANCIAL COMPANY, 12 13 14 15 16 17 18 19 ) ) ) Plaintiff, ) ) v. ) ) METROPOLITAN LIFE INSURANCE ) COMPANY, ) ) Defendant. ) ) AND RELATED COUNTERCLAIM ) AND THIRD-PARTY CLAIMS. ) __________________________________ ) Civil No. 10cv268 L(BLM) ORDER GRANTING EX PARTE MOTION TO DEPOSIT LIFE INSURANCE BENEFITS INTO THE REGISTRY OF THE COURT; FOR ATTORNEYS' FEES; AND FOR DISCHARGE [doc. #50] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant and counter/third-party plaintiff Metropolitan Life Insurance Company filed an

20 ex parte motion to deposit plan benefits into the registry of the court, for attorneys' fees and for 21 discharge. To date, no party has opposed the ex parte motion. For the reasons set forth in the ex 22 parte motion, the Court finds good cause has been demonstrated. Accordingly, IT IS 23 ORDERED: 24 1. GRANTING defendant and counter/third-party plaintiff Metropolitan Life

25 Insurance Company's ex parte motion. The Clerk of the Court is to receive and deposit into the 26 registry of the Court interpleaded funds of life insurance benefits ("Plan Benefits") payable 27 under the Sempra Energy Group Health and Welfare Program (the "Plan") as a result of the 28 death of Darrell Goggins, in the amount of $80,000, plus applicable interest, if any, and less
10cv268

1 $5,000 in attorneys' fees and costs to be retained by Metropolitan Life Insurance Company; and 2 2. ENJOINING plaintiff 1 Lincoln Financial Company and third-party defendants

3 Cheyenne C. Rodriguez, individually and in her capacities as a Trustee of a Trust mentioned in 4 the Beneficiary Form in question and as next friend of M. L. Goggins, D. S. Goggins and R. A. 5 Goggins, the minor children of Darrell Goggins, Dana Goggins and Speer & Speer from 6 instituting or prosecuting any action or proceeding in any State or United States Court against 7 Metropolitan Life Insurance Company, Sempra Energy, San Diego Gas & Electric, and the Plan 8 for the recovery or any relief for the Plan Benefits; and 9 3. DISMISSING WITH PREJUDICE Metropolitan Life Insurance Company from

10 this action, and DISCHARGING WITH PREJUDICE Metropolitan Life Insurance Company, 11 Sempra Energy, San Diego Gas & Electric, and the Plan from any further liability for the Plan 12 Benefits arising under the Plan as a result of the death of Darrell Goggins. 13 IT IS SO ORDERED.

14 DATED: June 10, 2010 15 16 17 COPY TO: 18 HON. BARBARA L. MAJOR UNITED STATES MAGISTRATE JUDGE 19 20 ALL PARTIES/COUNSEL 21 22 23 24 25 26 27 28
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M. James Lorenz United States District Court Judge