Life Insurance Company of North America v. Coco, et al

Filing 24

ORDER APPROVING SETTLEMENT - IT IS ORDERED: The deposited monies shall be distributed as follows: a. Anthony Coco will receive $8,000. b. Heather Russell will receive $12,000. The Clerk shall issue drafts as stated above, and mail them to Coco's and Russell's respective counsel within 14 days of this Order. Per the parties' settlement, this case is dismissed, each party to bear its own costs and fees. Ordered by Judge John M. Gerrard. (Copy to Financial)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LIFE INSURANCE COMPANY OF
NORTH AMERICA,
8:12CV196
Plaintiff,
vs.

ORDER APPROVING
SETTLEMENT

ANTHONY COCO and HEATHER
RUSSELL,
Defendants.
This matter is before the Court on the motion for settlement (filing 20)
filed by Anthony Coco and Heather Russell. This is an interpleader action.
Plaintiff Life Insurance Company of North America (LINA) was previously
given permission to interplead the funds at issue with the Court and was
dismissed from the action with prejudice. Filing 19. Coco and Russell have
now reached an agreement regarding the disputed funds.
Coco and Russell have stipulated to the basic facts of the case, which
the Court will summarize. Anthony Coco was married to Melissa Coco, now
deceased. Filing 20 at ¶¶ 4–5. Heather Russell was a friend of the decedent.
Filing 1 at ¶ 3. This case involves the proceeds from a life insurance policy
issued by LINA to Melissa Coco. Filing 20 at ¶ 6. LINA filed this interpleader
action because it was not clear whether Coco or Russell was the proper
beneficiary under the policy. See generally filing 1. LINA deposited the entire
amount of the proceeds at issue, $20,000, with the Clerk of the Court.
Coco and Russell have agreed to settle and divide the proceeds. Russell
will receive $12,000 and Coco will receive $8,000. Filing 20 at ¶ 8.
Additionally, Russell will pay any remaining balance on the funeral bill of
Melissa Coco at Ludvigsen Mortuary and hold Anthony Coco harmless
thereon. Filing 20 at ¶ 8. Each party will pay their own costs and attorney
fees. Filing 20 at ¶ 8. Finally, neither party admits any fault in this
settlement, and both still claim to be the full beneficiaries of the policy. Filing
20 at ¶ 8. Both Coco and Russell averred they are competent adults, that they
have been advised by counsel, and that they agreed to the current settlement
freely, voluntarily, and in full understanding of its terms. Filing 20 at ¶ 3.
The Court finds that the parties' settlement should be approved and the
proceeds distributed as the parties have agreed. Accordingly,

IT IS ORDERED:
1.

The deposited monies shall be distributed as follows:
a.
Anthony Coco will receive $8,000.
b.
Heather Russell will receive $12,000.

2.

The Clerk shall issue drafts as stated above, and mail them
to Coco's and Russell's respective counsel within 14 days of
this Order.

3.

Per the parties' settlement, this case is dismissed, each
party to bear its own costs and fees.

Dated this 4th day of October, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

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