Conseco Life Insurance Company v. Funke et al

Filing 39

AMENDED MEMORANDUM AND ORDER - Defendants' joint motion for stipulated settlement (filing 36 ) is granted. The Clerk of the court is directed to release one half of the remaining funds deposited with the court on April 1, 2011, together with one half of any accrued interest, to Jo Ann G. Funke. The Clerk of the court is directed to release one half of the remaining funds deposited with the court on April 1, 2011, together with one half of any accrued interest, to Linda B. Funke. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy given to Finance)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CONSECO LIFE INSURANCE
COMPANY,
Plaintiff,
v.
JO ANN G. FUNKE, and LINDA B.
FUNKE,
Defendants.

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4:11CV3047

MEMORANDUM
AND ORDER

This interpleader action is before me on Defendants’ joint motion for stipulated
settlement.1 (Filing 36.) In their stipulation, Defendants state that they each claim
ownership of funds deposited with the court on April 1, 2011, and have agreed to
“equally split” the remainder of those funds.2 (Filing 36-1 at CM/ECF pp. 1-2.) I
accept the Defendants’ stipulation. Accordingly,
IT IS ORDERED:
1.

Defendants’ joint motion for stipulated settlement (filing 36) is granted.

2.

The Clerk of the court is directed to release one half of the remaining

funds deposited with the court on April 1, 2011, together with one half of any accrued
interest, to Jo Ann G. Funke.

1

I previously dismissed Plaintiff Conseco Life Insurance Company from this
matter. (See Filings 20 and 25.)
2

On January 17, 2012, I granted Conseco Life Insurance Company’s motion for
disbursement of attorney’s fees and costs against interpleader funds in the amount of
$896.50. (Filing 32.)

3.

The Clerk of the court is directed to release one half of the remaining

funds deposited with the court on April 1, 2011, together with one half of any accrued
interest, to Linda B. Funke.
4.

All claims that were brought or could have been brought are dismissed

with prejudice, with each party to bear its own attorneys’ fees and costs.
5.

A separate judgment will be entered in accordance with this

Memorandum and Order.
DATED this 8 th day of June, 2012.
BY THE COURT:
s/Richard G. Kopf
Senior United States District Judge

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