Midland National Life Insurance Company v. Angelique Knight et al

Filing 7

ORDER Granting 5 Ex Parte Motion for Restraining Order. Signed by Judge James C. Mahan on 3/25/2011. (Copies have been distributed pursuant to the NEF - SLR)

-LRL Midland National Life Insurance Company v. Angelique Knight et al

Doc. 7

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Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89109

ANN-MARTHA ANDREWS Nevada Bar No. 7585 [e-mail] LEWIS AND ROCA LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 [phone] [phone] (fax) JOSEPH J. HASMAN [e-mail] CHITTENDEN, MURDAY & NOVOTNY LLC 303 West Madison Street Suite 1400 Chicago, Illinois 60606 [phone] [phone] (fax) Attorneys for Plaintiff Midland National Life Insurance Company UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MIDLAND NATIONAL LIFE INSURANCE COMPANY, Plaintiff, vs. ANGELIQUE KNIGHT and STEVEN LIGUORI, Defendants. PLAINTIFF'S EX PARTE MOTION FOR RESTRAINING ORDER Case No. 2:11-cv-00433-JCM-LRL

Plaintiff Midland National Life Insurance Company ("Midland") moves this Honorable Court for an Ex Parte Restraining Order pursuant to 28 U.S.C. § 2361, and in support states as follows:

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Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89109

1.

Midland has filed its Complaint In Interpleader under 28 U.S.C. §§1335,

1397, and 2361 (2010) to resolve competing claims to certain life insurance benefits paid under Midland's life insurance Policies No. 1502783862 and 1502783864 ("Policies") and now held by Midland in a Retained Asset Account ("RAA"). 2. Midland wishes to deposit its admitted liability in the amount of $607,021.56

with the Registry of this Court. This is the amount of money now in the RAA. 3. Midland now moves this Honorable Court to enter an Ex Parte Restraining

Order as provided for by 28 U.S.C. § 2361, which states, in relevant part: In any civil action of interpleader or in the nature of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining them from instituting or prosecuting any proceeding in any State or United States court affecting the property, instrument or obligation involved in the interpleader action until further order of the court. 28 U.S.C. § 2361 (2010). 4. The restraining order provided for by 28 U.S.C. § 2361 is excepted from the requirements of Rule 65(b) of the Federal Rules of Civil Procedure by Rule 65(e) which provides, in relevant part: "These rules do not modify . . . 28 U.S.C. § 2361, which relates to preliminary injunctions in actions of interpleader or in the nature of interpleader." FED. R. CIV. P. 65(e). 5. Accordingly, this Court has the power to enjoin, without notice, other actions

seeking a determination of the rights being contested in order to protect the stakeholder from vexatious and multiple litigation. See Orseck, P.A. v. Servicios Legales De Mesoamerica S. De R.L., 699 F. Supp. 2d 1344, 1350-1351 (S.D. Fla. 2010); Star Ins. Co. v. Cedar Valley Express, LLC, 273 F. Supp. 2d 38, 42-43 (D.D.C. 2002); see also LRCiv 7-5 (requiring explanation of good cause and why stipulation is, in this case, unnecessary). 6. Midland is faced with a real threat of multiple litigation relating to the

subject matter of this interpleader suit.

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Lewis and Roca LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89109

7.

A restraining order in this matter will protect the jurisdiction of this

Honorable Court and will prevent a multiplicity of actions with respect to the death benefits and RAA funds which are the subject of this litigation. WHEREFORE, Midland National Life Insurance Company respectfully requests that this Court enter the proposed Restraining Order, attached as Exhibit A, temporarily restraining Defendants Angelique Knight and Steven Liguori and any person or entity claiming on behalf of or through them or any of them from instituting or prosecuting any proceeding in any state or federal court concerning the life insurance proceeds paid by Midland National Life Insurance Company under its Policies No. 1502783862 and 1502783864 and now held by Midland National Life Insurance Company in RAA No. 500297754, which funds are the subject of this litigation, granting leave to Midland National Life Insurance Company to deposit those funds with the Registry of this Court until further order of this Court, and granting leave to Midland National Life Insurance Company to serve the restraining order entered herein in the same manner of service as summons and complaint. RESPECTFULLY SUBMITTED this 24th day of March, 2011. LEWIS AND ROCA LLP BY: /s/ Ann-Martha Andrews ANN-MARTHA ANDREWS Nevada Bar No. 7585 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 and JOSEPH J. HASMAN CHITTENDEN, MURDAY & NOVOTNY LLC 303 West Madison Street, Suite 1400 Chicago, Illinois 60606 Attorneys for Midland National Life Insurance Company

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EXHIBIT A

EXHIBIT A

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ANN-MARTHA ANDREWS Nevada Bar No. 7585 [e-mail] LEWIS AND ROCA LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169 [phone] [phone] (fax) JOSEPH J. HASMAN [e-mail] CHITTENDEN, MURDAY & NOVOTNY LLC 303 West Madison Street Suite 1400 Chicago, Illinois 60606 [phone] [phone] (fax) Attorneys for Plaintiff Midland National Life Insurance Company

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MIDLAND NATIONAL LIFE INSURANCE COMPANY, Plaintiff, vs. ANGELIQUE KNIGHT and STEVEN LIGUORI, Defendants. RESTRAINING ORDER
Case No. 2:11-cv-00433-.1CM-LRL

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This cause is before the Court on the Ex Parte Motion of Midland National Life Insurance Company for a restraining order pursuant to 28 U.S.C. § 2361,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED: (1) Defendants Angelique Knight and Steven Liguori and any person or entity

claiming on behalf of or through them or any of them are restrained from instituting or prosecuting any proceeding in any state or federal court concerning the life insurance proceeds paid by Midland National Life Insurance Company under its Policies No. 1502783862 and 1502783864 and now held by Midland National Life Insurance Company in Retained Asset Account No. 500297754 until further order of this Court. (2) Leave is granted to serve this Restraining Order in the same manner of

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service as the summons and complaint.

U.S District/Magistrate Judge Dated: March 25, 2011 at 2:45 p.m.

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