Allstate Settlement Corporation et al v. Huie et al

Filing 74

FINAL ORDER. Signed by David A. Sanders on 10/13/2010. (sef, USDC)

Allstate Settlement Corporation et al v. Huie et al

Doc. 74

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION - OXFORD COURT

Allstate Settlement Corporation and Allstate Life Insurance Company, Plaintiffs Civil Action No. 2:09-cv-153-P-A v. Linda J. Huie, Pamela L. Hacker, and Carolyn M. Cooke, as Trustee of the Nichole H. Myers Trust, Defendants ________________________________________________________________________ FINAL ORDER ________________________________________________________________________ THE COURT, having been advised that the defendants Linda J. Huie ("Ms. Huie"), Pamela L. Hacker a/k/a Pamela Lawson Hacker ("Ms. Hacker"), and Carolyn M. Cooke, as Trustee of The Nichole H. Myers Trust ("Ms. Cooke") (collectively, the "Defendants") have settled their dispute concerning their conflicting claims to certain structured settlement payments, specifically monthly payments in the amount of $1,425 due July 1, 2009 through and including March 1, 2018 (the "Interplead Funds"), and pursuant to an agreement among the Defendants, hereby ORDERS as follows: 1. Allstate Settlement Corporation shall direct Allstate Life Insurance

Company to forward, when due, the remaining Interplead Funds, specifically monthly payments in the amount of $1,425 due November 1, 2010 through and including March 1, 2018, as follows:

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(a)

Monthly payments each in the amount of $570.00 out of each monthly payment of $1,425.00 to Carolyn M. Cooke, Trustee of The Nichole H. Myers Trust, by direct deposit to IOLTA FOUNDATION TRUST ACCOUNT # 6011-392-5, ABA Routing # 084201278, BankcorpSouth, 8848 Northwest Drive, Southaven, MS 38671 (or such other address for The Nichole H. Myers Trust as Carolyn M. Cooke, Trustee of The Nichole H. Myers Trust, may subsequently request in a notarized writing submitted to Allstate Life Insurance Company); Monthly payments each in the amount of $513.00 out of each monthly payment of $1,425.00 by check made payable to Linda J. Huie, at 8025 Margate Way, Lakeland, FL 33809 (or such other address for Linda J. Huie as she may subsequently request in a notarized writing submitted to Allstate Life Insurance Company); and Monthly payments each in the amount of $342.00 out of each monthly payment of $1,425.00 by check made payable to Mike Farrell PLLC, at 210 Capitol Street, # 2180, Jackson, MS 39201 (or such other address for Mike Farrell as he may subsequently request in a notarized writing submitted to Allstate Life Insurance Company).

(b)

(c)

2.

The Clerk of the Court shall disburse the Interplead Funds held in the

Court's Registry pursuant to this Court's November 16, 2009 Order, specifically monthly payments each in the amount of $1,425 due July 1, 2009 through and including October 1, 2010 (a total of $22,800), as follows: (a) 40% by check made payable to Carolyn M. Cooke, Trustee of The Nichole H. Myers Trust, at P.O. Box 1468, Southaven, MS 386711468; 36% by check made payable to Linda J. Huie, at 8025 Margate Way, Lakeland, FL 33809; and 24% by check made payable to Mike Farrell PLLC, at 210 Capitol Street, # 2180, Jackson, MS 39201.

(b) (c) 3.

The parties shall bear their own costs and attorney's fees.

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4.

This Case is hereby dismissed with prejudice.

SO ORDERED, this the 13th day of October 2010. /s/David A. Sanders_____________ UNITED STATES MAGISTRATE JUDGE Submitted by: /s/ Mitchell O. Driskell Mitchell O. Driskell Daniel, Coker, Horton & Bell, P.A. Oxford Square North 265 North Lamar, Suite R Post Office Box 1396 Oxford, MS 38655 Attorneys for Allstate Settlement Corporation and Allstate Life Insurance Company

/s/ Mike Farrell Mike Farrell, Esquire Mike Farrell, PLLC Regions Plaza, Suite 2180 210 Capital Street Jackson, MS 39201 Counsel for Defendant Linda Huie

/s/ Christian Goeldner Christian T. Goeldner, Esquire Goeldner Porter & McDowell, PC P.O. Box 1468 Southaven, MS 38671-1468 Counsel for Defendants Pamela L. Hacker and Carolyn M. Cooke, as Trustee of the Nichole H. Myers Trust

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