The Lincoln National Life Insurance Company v. Patterson et al
Filing
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ORDER Granting 21 Unopposed Joint Motion to Set Aside Order of Dismissal. Pursuant to the instant Joint Motion, the Court's 20 Stipulated Dismissal Order is set aside. The parties in this case will have until 04/19/2016, to file an amended Stipulation of Dismissal in this case. Signed by Chief Judge Gloria M. Navarro on 04/14/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Richard I. Dreitzer
Nevada Bar No. 6626
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
Telephone 702.727.1400
Facsimile 702.727.1401
Attorneys for Plaintiff,
The Lincoln National Life Insurance Company
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
Plaintiff,
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v.
CASE NO.: 2:15-cv-00892
JOINT MOTION OF THE PARTIES
TO SET ASIDE ORDER OF
DISMISSAL
LINDA E. PATTERSON, J. JEFFRY
DILL, MICHAEL GLEN PATTERSON, JOHN
DOES and JANE DOES,
Defendants.
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The parties in the above litigation, by and through their respective attorneys, hereby
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respectfully submit this Joint Motion of the Parties to Set Aside this Court’s Order of Dismissal on
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grounds that Plaintiff/Stakeholder The Lincoln National Life Insurance Company (“Lincoln”)
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inadvertently filed the wrong Stipulation of Dismissal in the above matter.
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In further support of this Joint motion, the parties state that this matter arises from the death
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of John C. Patterson (the “Insured” or “Decedent”) on July 16, 2012, and the competing claims that
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have been asserted as to the proceeds of his life insurance policy. The Decedent was originally
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insured under a life insurance Policy Number 000974241 issued by the United Life and Accident
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Insurance Company, predecessor in interest to Lincoln, in October, 1985, with a face amount of
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$30,000.00 ( “the Policy Proceeds”). Defendants/Claimants, Linda E. Patterson, J. Jeffry Dill, and
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Michael Glen Patterson (“Defendants/Claimants”) have submitted competing claims to Lincoln for
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the Policy Proceeds. Lincoln is uncertain regarding the appropriate distribution of the Policy
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Proceeds and has entered into a Release and Settlement Agreement with the Defendants/Claimants
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for Lincoln to pay the Policy Proceeds, less Lincoln’s attorney’s fees, into an attorney IOLTA
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account on behalf of the Defendants/Claimants. The parties have agreed to release Lincoln from any
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and all claims related to the Policy Proceeds.
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Pursuant to the Release and Settlement Agreement entered into by the parties, Lincoln filed a
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Stipulation of Dismissal with Prejudice on March 23, 2016. The Court then entered an Order that
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same day dismissing all pending claims and instructing the clerk to close the case. However, Lincoln
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filed the incorrect Stipulation and inadvertently dismissed the claims between and among all the
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parties, when the Stipulation was only supposed to release the Defendants/Claimant’s claims against
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Lincoln. Therefore, the parties respectfully request an Order from the Court: 1) setting aside the
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order of dismissal entered by the Court on March 23, 2016; and 2) allowing the parties to re-file a
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corrected Stipulation of Dismissal with Prejudice dismissing only the Defendant’s/Claimant’s claims
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against Lincoln attached as Exhibit A.
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DATED this 5th day of April, 2016.
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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
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BY
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/s/ Richard I. Dreitzer
Richard I. Dreitzer
Nevada Bar No. 6626
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
Telephone 702.727.1400
Facsimile 702.727.1401
Attorneys for Plaintiff
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April 14, 2016
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CERTIFICATE OF SERVICE
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Pursuant to FRCP 5(b), I certify that I am an employee of WILSON ELSER MOSKOWITZ
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EDELMAN & DICKER, LLP and that on this 5th day of April, 2016, I did cause a true copy of the
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forgoing document to be electronically transmitted to the Clerk of Court using the ECF System for
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filing.
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By
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/s/ Naomi E. Sudranski
An Employee of
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 1 of 4
EXHIBIT A
EXHIBIT A
Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 2 of 4
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Richard I. Dreitzer
Nevada Bar No. 6626
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
Telephone 702.727.1400
Facsimile 702.727.1401
Attorneys for Plaintiff,
The Lincoln National Life Insurance Company
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
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Plaintiff,
v.
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LINDA E. PATTERSON, J. JEFFRY
DILL, MICHAEL GLEN PATTERSON, JOHN
DOES and JANE DOES,
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CASE NO.: 2:15-cv-00892
STIPULATION OF DISMISSAL
WITH PREJUDICE AS TO
PLAINTIFF THE LINCOLN
NATIONAL LIFE INSURANCE
COMPANY ONLY
Defendants.
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Plaintiff/Stakeholder, THE LINCOLN NATIONAL LIFE INSURANCE COMPANY
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(hereinafter “Lincoln”), and Defendants, LINDA E. PATTERSON, J. JEFFRY DILL, and
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MICHAEL GLEN PATTERSON (“Defendants”) hereby agree and stipulate, pursuant to Rule
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41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that any and all claims of the Defendants
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////
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////
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against Lincoln be dismissed with prejudice, and with each party bearing their own costs, attorneys’
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fees and expenses.
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Dated this 5th day of April, 2016
Dated this 5th day of April, 2016
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CREED & GILES
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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
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/s/ Richard I. Dreitzer
/s/ Jerrold E. Creed
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Richard I. Dreitzer, Esq.
Nevada Bar No. 6626
300 South 4th Street, 11th Floor
Las Vegas, NV 89101
(702) 727-1400; FAX (702) 727-1401
Attorney for Plaintiff THE LINCOLN
NATIONAL LIFE INSURANCE COMPANY
Jerrold E. Creed, Esq.
Nevada Bar No. 11094
520 South 7th Street, Suite D
Las Vegas, NV 89101
Attorney for Defendant LINDA E.
PATTERSON
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Dated this 5th day of April, 2016
PHILLIPS BALLENGER
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/s/ Christopher J. Phillips
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Christopher J. Phillips, Esq.
Nevada Bar No. 8224
3605 S. Town Center Dr., Suite B
Las Vegas, NV 89135
Attorney for Defendants J. JEFFRY DILL and
MICHAEL GLEN PATTERSON
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CERTIFICATE OF SERVICE
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Pursuant to FRCP 5(b), I certify that I am an employee of WILSON ELSER MOSKOWITZ
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EDELMAN & DICKER, LLP and that on this ____ day of ________________, 2016, I did cause a
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true copy of the forgoing document to be electronically transmitted to the Clerk of Court using the
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ECF System for filing.
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By
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An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
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