THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY v. SONIA et al

Filing 43

LETTER OPINION and ORDER that the Court grants Plaintiff $6,000 in attorneys' fees and costs, to be deducted from the funds deposited in the Courts registry. Signed by Judge William H. Walls on 1/7/15. (jd, )

UNITED STATES DISTRICT COURT

District of New lersey

Chambers of

Main Luther King Jr.
Federal Courthouse
50 Walnut Street
Newark, New Jersey 07102

William H. Walls
Disct Judge
[phone]
[phone] Fax

NOT

R PUBLICATION

LETTER OPINION AND ORDER

JGTNAL ON FILE

ITH CLERK OF COURT
January 7, 2015

Appearances:

Sarah Lynn Blame, Esq.
D’Arcarnbral Ousley & Cuyler Burk LLP
Parsippany Corporate Center, 3T(1 Floor
Four Century Drive
Parsippany, NJ 07054
David C. Stanziale, Esq.
552 High Mountain Road, Suite 3
North Haledon, NJ 07508
Jay I. Lazerowjtz, Esq.
55 Hamstown Road, 3X Floor
Glen Rock, NJ 07452
Louis J. Maione, Esq.
200 Central Park South,
New York, NY 10019
Re:

th
27

Floor

The Northwestern Mutual Life Insurance Corn an v. Anthon Sonia Anthon De
Michael Latella, and John Latella; No. 14-cv-3 787
’ Fees
Motion for Attorneys

Dear Counsel:
This Court is in receipt of the motion by Plaintiff The Northwesteni Mutual Life Insurance
Company (“Northwestern Mutual”) for an award of attorneys’ fees and

costs.

Plaintiffs motion is

granted in part. Plaintiff will be awarded $6,000 in attorneys’ fees and costs.
FACTS AND PROCEDUJL BACKGROUND
Northwestern Mutual initiated this interpIeae action and deposited $126,845 into the
Court’s registry, the rights to this amount being contested by the parties intenpleaded ECF No. 1.
Northwestern Mutual now seeks $17,941.91 in attorneys’ fees and costs. ECF No. 34.
DISCUSSION
Nonnally the Court would not grant attorneys’ fees to Northwestern Mutual for initiating
an intelpleader action to resolve competing claims to a life insurance benefit. Travelers Indemnity
Co. v. Israel, 354 F.2d 488, 490 (2d Cir. 1965); Guardian Life Ins. Co. v. Gilmore No. 13-CV
2677 KMK, 2014 WL 35438, at *78 (S.D.NY Sept. 9, 2014); AIG Life Ins. Co. v. Rafferty
No. 07-CV-3099 2008 WL 1959697 at *1 (ED. Pa. May 6, 2008). However, because of the
additional motion practice in this matter, the Court has detennjn that it is appropriate to award
Plaintiff $6,000 in attorneys’ fees and costs.
CONCLUSION
The Court grants Plaintiff $6,000 in attorneys’ fees and costs, to be deducted from the
funds deposited in the Court’s registry. It is

50 ordered

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united
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Sfate

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