NUNZIATA v. JANUS FUNDS INC et al

Filing 25

ORDER granting 20 Motion for Entry of An Agreed Order to Deposit Money with the Court. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
RALPH NUNZIATA,
Plaintiff,
v.
JANUS FUNDS, INC.,
Defendant.

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2:16-cv-00158-JAW

AGREED ORDER ON DEFENDANT JANUS FUNDS, INC.’S
INTERPLEADER COUNTERCLAIM
WHEREAS, Janus Funds, Inc. (hereinafter “Janus”) has filed an interpleader
counterclaim action asserting that Janus is in possession of funds subject to the
dispute in this case, and that Janus Defendant does not have a stake in the outcome
of the dispute regarding the proper beneficiary of the Account, but may be exposed to
double liability if ownership of the Account or its contents are transferred over to
Plaintiff and it is ultimately determined that Decedent’s ex-wife is the proper
beneficiary.
WHEREAS, Janus is ready and able to transfer ownership of the Account, but
cannot do so without adjudication of the dispute over ownership.
WHEREAS, Janus is ready and willing to liquidate the Account and transfer
the funds into the registry of the Court for hold by it pending resolution of the dispute.
WHEREAS, Plaintiff is in agreement with Janus’ request made in the Janus
Counterclaim.

WHEREAS, Deposit of the money is permissible under F.R.C.P. Rule 67, it is,
HEREBY AGREED BETWEEN JANUS AND PLAINTIFF, AND ORDERED
BY THE COURT AS FOLLOWS:
A.

Janus is authorized to liquidate the Account and interplead the
funds that are the subject of this action, into the registry of the
Court;

B.

That Plaintiff is restrained from instituting or prosecuting any
proceeding in any court relating to the Account;

C.

Janus is discharged from any further liability regarding the
matters at issue in this case and any matter related to the
Account;

D.

After Janus deposits the funds with the Court Registry, the Clerk
of Court shall deposit these funds into the interest-bearing Court
Registry Investment System (C.R.I.S.) administered by the
Administrative Office of the United States Courts under 28
U.S.C. § 2045, pursuant to Local Rule 67(b);

E.

The sum of money so invested in the interest-bearing C.R.I.S.
fund shall remain on deposit until further order of this Court. To
withdraw the funds, a party must file a motion for withdrawal of
the funds and simultaneously submit a proposed order and
completed IRS Form W-9, pursuant to Local Rule 67(d);

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F.

The Custodian is authorized to deduct service fees and costs in
accordance with Local Rule 67(c);

G.

A copy of this Order shall be served upon the Clerk of Court.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 30th day of August, 2016

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