Pruco Life Insurance Company v. Brasner et al
Filing
313
SECOND AMENDED FINAL JUDGMENT in favor of the Plaintiff Pruco Life Insurance Company and against the Defendant Wells Fargo Bank, N.A., pursuant to 312 Joint Motion for Entry of Second Amended Final Judgment. Case is CLOSED. Signed by Judge James I. Cohn on 4/11/2013. (ams)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-80804-CIV-COHN/SELTZER
PRUCO LIFE INSURANCE COMPANY,
Plaintiff,
v.
STEVEN M. BRASNER, individually and as
Principal of Infinity Financial Group, LLC;
MARK A. TARSHIS; INFINITY FINANCIAL
GROUP LLC; WELLS FARGO BANK, N.A.,
as Securities Intermediary; and John Does 1-10,
Defendants.
_________________________________________/
SECOND AMENDED FINAL JUDGMENT
THIS CAUSE is before the Court upon the parties’ Joint Motion for Entry of
Second Amended Final Judgment [DE 312] (“Joint Motion”). The Court has considered
the Joint Motion, the record in this case, and is otherwise fully advised in the premises.
On September 21, 2012, the Court issued an Order Granting Wells Fargo Bank,
N.A.’s Rule 60(b) Motion [DE 287], which vacated the Court’s November 14, 2011
summary judgment order [DE 246] and the January 23, 2012 Amended Final Judgment
[DE 256] only as to which party is entitled to the premiums paid on the Berger Policy in
2009 and 2010. See DE 287 at 10. On April 10, 2012, the parties submitted a Notice
of Mediated Settlement of Premiums [DE 311], indicating that they have since reached
a mediated settlement as to these premiums. See DE 311 at 2. In the instant Joint
Motion, the parties ask the Court to enter a Second Amended Final Judgment reflecting
the fact that they have reached a settlement on that issue, which was the sole
outstanding issue before the Court. Accordingly, it is hereby
ORDERED AND ADJUDGED as follows:
1.
The Joint Motion for Entry of Second Amended Final Judgment [DE 312]
is GRANTED.
2.
As previously set forth in the Amended Final Judgment [DE 256], dated
January 23, 2012, Judgment is entered in favor of Plaintiff Pruco Life
Insurance Company and against Wells Fargo Bank, N.A. on Count I of the
Complaint [DE 1] and on the Counterclaim [DE 73]. The Court hereby
declares that the Berger Policy, number V1208044, issued by Plaintiff
Pruco Life Insurance Company on the life of Arlene Berger, is void ab
initio.
3.
The Clerk of Court is directed to release to Wells Fargo Bank, N.A. the
funds held in the Court’s Registry along with any accrued interest.
4.
All claims before the Court have now been adjudicated and/or resolved.
5.
The Clerk of Court is directed to CLOSE this case and DENY any pending
motions as moot.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,
Florida, on this 11th day of April, 2013.
Copies provided to:
Counsel of record via CM/ECF.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?