Allstate Life Insurance Company v. Matos et al

Filing 90

ORDER. IT IS ORDERED that 82 Magistrate Judge Ferenbach's report and recommendation is accepted. IT IS FURTHER ORDERED that 81 the parties' stipulation is GRANTED. IT IS FURTHER ORDERED that plaintiff Allstate Life Insurance Company is discharged from this action with prejudice. IT IS FURTHER ORDERED that 53 plaintiff Allstate Life Insurance Company's motion for attorney's fees is DENIED as moot. See Order for details. Signed by Judge Andrew P. Gordon on 9/28/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALLSTATE LIFE INSURANCE
COMPANY,
Plaintiff,

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v.
ALCIBIADES MATOS, et al.,
Defendants.

Case No. 2:16-cv-02590-APG-VCF
ORDER ACCEPTING REPORT AND
RECOMMENDATION, GRANTING
STIPULATION, AND DENYING AS
MOOT MOTION FOR ATTORNEY’S
FEES
(ECF Nos. 53, 81, 82)

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In light of a stipulation entered into between the parties, Magistrate Judge Ferenbach

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entered an order and report and recommendation in this interpleader action. ECF Nos. 81, 82.

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Judge Ferenbach directed plaintiff Allstate Life Insurance Company to deposit the disputed funds

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with the court and ordered the parties to file a proposed scheduling order if they could not agree

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on disbursement of those funds. ECF No. 82. Judge Ferenbach also recommended that upon

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deposit of the funds, Allstate be fully and finally discharged from this action with prejudice and

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the defendants be permanently enjoined from bringing any claim against Allstate based on life

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insurance policy 700 245 932. Allstate has deposited the funds. ECF No. 83.

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No party objected to Judge Ferenbach’s report and recommendation because the parties

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had reached a stipulation to this effect. ECF No. 81. I therefore accept Magistrate Judge

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Ferenbach’s report and recommendation, grant the parties’ stipulation, and deny Allstate’s motion

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for attorney’s fees as moot.

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IT IS THEREFORE ORDERED that Magistrate Judge Ferenbach’s report and
recommendation (ECF No. 82) is accepted.

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IT IS FURTHER ORDERED that the parties’ stipulation (ECF No. 81) is GRANTED.

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IT IS FURTHER ORDERED that plaintiff Allstate Life Insurance Company is discharged

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from this action with prejudice.

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IT IS FURTHER ORDERED that the defendants in this action are permanently enjoined

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from bringing any claim against plaintiff Allstate Life Insurance Company based on the life

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insurance policy at issue in this case, policy number 700 245 932.

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IT IS FURTHER ORDERED that plaintiff Allstate Life Insurance Company’s motion for
attorney’s fees (ECF No. 53) is DENIED as moot.
DATED this 28th day of September, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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