First Penn-Pacific Life Insurance Company v. Burns et al

Filing 17

ORDER: IT IS HEREBY ORDERED that: 1. The parties' Joint Motion 15 is GRANTED; 2. This matter is STAYED, and Plaintiff is DISMISSED with prejudice pursuant to the instructions set forth in this Order. (Written Opinion) Signed by Senior Judge Paul A. Magnuson on 06/01/2017. (LLM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
First Penn-Pacific Life
Insurance Company,
Case No. 17-cv-1015 (PAM/SER)
Plaintiff,
v.

ORDER

Ronald Burns, as personal
Representative of the Estate
of Lynn Josephson, and
John Josephson, as personal
representative of the Estate
of Alan Josephson,
Defendants.
___________________________________________________________
This matter is before the Court on the parties’ Joint Motion. (Docket No. 15.)
The parties first request that the Court stay this matter while Defendants proceed in state
probate court to determine who receives the proceeds from the two life insurance policies
at issue here.

The parties also stipulate that Plaintiff may be dismissed from this

Interpleader action.
Accordingly, IT IS HEREBY ORDERED that:
1.

The parties’ Joint Motion (Docket No. 15) is GRANTED;

2.

Once Plaintiff deposits in the Court Registry the amount set forth in the Court’s
Order (Docket No. 16):
(a)

Plaintiff is DISMISSED with prejudice from this interpleader action and
is released and discharged from any and all liability to Defendants, and

their heirs, assigns and beneficiaries, for or in connection with the proceeds
of the life insurance policy Plaintiff issued to Alan Josephson (Policy No.
T102215696), or the life insurance policy Plaintiff issued to Lynn
Josephson (Policy No. T101719617);
(b)

Plaintiff, having by agreement of the parties been permitted to deduct
and retain $2,500.00 from the amount of each policy prior to depositing the
remaining policy proceeds with the Court Registry (for a total deduction of
$5,000.00), is not awarded any other costs or fees in this
action;

(c)

Defendants are permanently enjoined from initiating any
other action against Plaintiff for or in connection with recovery of the
proceeds of the life insurance policy Plaintiff issued to Alan Josephson
(Policy No. T102215696), or the life insurance policy Plaintiff issued to
Lynn Josephson (Policy No. T101719617);

(d)

Defendants shall litigate their claimed entitlement to the proceeds of the
aforementioned policies between themselves without further involving
Plaintiff, except as provided in the parties’ agreement.

3.

As to Defendants, this interpleader action is STAYED unless and until the Court

lifts the stay for good cause, either on motion of Ronald Burns, as Personal
Representative of the Estate of Lynn Josephson or Jon Josephson, as Personal
Representative of the Estate of Alan Josephson, or on the Court’s own accord.

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4.

Defendants shall jointly file with the Court quarterly reports on the status of the

claims in state probate court, Court File Nos. 19HA-PR-16-811 and 19HA-PR-16-854.

Dated: June 1, 2017

s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge

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