PHL Variable Insurance Company v. Bernard Fidel Irrevocable Trust et al
Filing
148
ORDER. IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 2042 and L.R. 67.2, that the Clerk pay $257,724.00, plus 100% of interest accrued and less the registry fee, to Edison, McDowell & Hetherington LLP, in accordance with the Withdrawal Payee Information Form filed with the Clerk 141 . (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/15/11. (GRR)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
PHL Variable Insurance Company,
Court File No: 09-629 (MJD/JSM)
Plaintiff,
v.
Bernard Fidel 2007 Irrevocable Trust, by and
through its trustee, BNC National Bank,
Richard W. Smith, The Producers Group
Advantage LLC, and William Stansbury,
Defendants,
New Stream Insurance LLC,
Third-Party Plaintiff
v.
PHL Variable Insurance Company
Third-Party Defendant
Richard W. Smith and The Producers Group
Advantage, LLC.
Third-Party Plaintiffs
v.
Bruce Burns and Wholesale Life Insurance
Brokers, Inc.
Third-Party Defendants
ORDER
Pending before the Court is PHL Variable Insurance Company’s and New Stream
Insurance LLC’s Joint Motion to Withdraw Funds from the Registry of the Court.
After consideration of the Motion and the settlement between PHL Variable
Insurance Company and New Stream Insurance LLC, the Court finds that the disposition
of the deposited funds is no longer disputed and that all competing claims to the funds
have been resolved.
THEREFORE, IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 2042 and
L.R. 67.2, that the Clerk pay $257,724.00, plus 100% of interest accrued and less the
registry fee, to Edison, McDowell & Hetherington LLP, in accordance with the
Withdrawal Payee Information Form filed with the Clerk.
Signed this 15th day of August, 2011.
s/ Michael J. Davis
Michael J. Davis, Chief Judge
United States District Court
District of Minnesota
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