PHL Variable Insurance Company v. Carmella Damato 2007 Irrevocable Trust et al

Filing 127

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 120 . (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-CV-01924-MJD-JSM

Plaintiff,
v.
Carmella Damato 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,
Intervenor and ThirdParty 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 $364,354.00, 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