North American Company for Life and Health Insurance v. Kinard et al

Filing 128

ORDER OF DISMISSAL AND DISBURSEMENT OF FUNDS. The $397,394.72, plus any interest which has accrued from the date of deposit until the date of disbursement, and less the Registry fee assessment (10% of interest accrued pursuant D.C.COLO.LCi vR 67.2), shall be disbursed from the Registry of the Court and checks shall be mailed within ten (10) days of the date of this Order. This action is dismissed with prejudice, with each party to bear her own attorney's fees and costs, and shall be closed in its entirety. By Judge Philip A. Brimmer on 3/30/12. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-01960-PAB-KMT
LU CELIA KINARD,
Plaintiff,
v.
CYNTHIA ROTHROCK KINARD, individually and
as Administratrix of the Estate of Walter A. Kinard,
Defendant.
_____________________________________________________________________
ORDER OF DISMISSAL AND DISBURSEMENT OF FUNDS
_____________________________________________________________________
This matter is before the Court on the parties’ Stipulation Regarding Settlement,
Dismissal of Action, and Request for Disbursement of Funds in the Registry of the
Court (the “Stipulation”) [Docket No. 126]. The parties request that the Court adopt the
“terms” of the Stipulation as an order of the Court. The parties fail to explain why the
background facts of this case and the parties’ settlement, other than those regarding
the dismissal of this action and disbursement of funds, need to be included in this
order.
In regard to the disbursement of funds, the parties stipulate that plaintiff’s
counsel, Frie, Arndt & Danborn, P.C., will deposit the amount disbursed to it in its trust
account for appropriate disbursement and that no portion of that amount shall be
considered as interest. Furthermore, in connection with the disbursement of funds to
defendant, defendant submitted a completed IRS Form W-9 pursuant to
D.C.COLO.LCivR 67.2D and has agreed to pay any necessary taxes on the interest

amount she receives as part of her disbursement.
The Court having reviewed the Stipulation, it is
ORDERED that the $397,394.72, plus any interest which has accrued from the
date of deposit until the date of disbursement, and less the Registry fee assessment
(10% of interest accrued pursuant D.C.COLO.LCivR 67.2), shall be disbursed from the
Registry of the Court and checks shall be mailed within ten (10) days of the date of this
Order as follows:
•

$45,000 shall be paid to Frie, Arndt & Danborn, P.C., counsel for Plaintiff,
Lu Celia Kinard, at 7400 Wadsworth Boulevard, Suite 201, Arvada, CO
80003.

•

The remainder shall be paid directly to Defendant, Cynthia Rothrock
Kinard, 1166 Tranter Avenue, Pittsburgh, PA 15220. The remainder
amount will consist of the remaining principal of $352,394.72, plus
accrued interest, less the Registry fee assessment as of the date of
disbursement.

It is further
ORDERED that this action is dismissed with prejudice, with each party to bear
her own attorney’s fees and costs, and shall be closed in its entirety.

DATED March 30, 2012.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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