Lincoln National Life Insurance Company, The v. Ruybal et al

Filing 63

ORDER denying as moot #60 Motion to Stay Execution of Judgment. By Judge Robert E. Blackburn on 10/7/2014. (alowe) (Additional attachment(s) added on 10/7/2014: #1 Attachment) (alowe, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 12-cv-02413-REB-MJW THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. JACQUELINE D. RUYBAL, ELISE S. RUYBAL, BRIANNA ELENA RUYBAL and ELISE S. RUYBAL as personal representative of Estate of Rudolpho Ruybal, Defendants. ORDER DENYING AS MOOT RUYBAL DEFENDANTS’ MOTION TO STAY EXECUTION OF JUDGMENT Blackburn, J. The matter before me is the Ruybal Defendants’ Motion To Stay Execution of Judgment [#60],1 filed August 14, 2014. By this motion, defendants seek to stay the payment to Jacqueline Ruybal of the insurance proceeds interpled into the registry of the court pending resolution of a state court lawsuit between these same parties. However, these proceeds (plus accumulated interest) were released to Ms. Ruybal on July 24, 2014,2 one week following entry of the judgment and nearly two months before the instant motion was filed. The relief requested herein, therefore, is moot. 1 “[#60]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. 2 The record of payment is attached. THEREFORE, IT IS ORDERED that the Ruybal Defendants’ Motion To Stay Execution of Judgment [#60], filed August 14, 2014, is DENIED AS MOOT. Dated October 7, 2014, at Denver, Colorado. BY THE COURT: 2

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