Genworth Life Insurance Company v. Rich et al

Filing 34

ORDER granting 33 Motion for Disbursement of Funds, FURTHER ORDERED that the joint Stipulation of Dismissal 32 , which the court deems to be a joint Motion for Dismissal based upon stipulation of the parties under Rule 41, is GRANTED and this action is DISMISSED with prejudice pursuant to the terms stated in the joint Stipulation of Dismissal. Signed by District Judge Max O. Cogburn, Jr on 08/25/2015. (jlk)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 3:14CV596 (MOC-DSC)
MICHAEL RICH,
Plaintiff,
vs.

ORDER

THE ESTATE OF ROBERT BROWN,
through its administrator, KEVIN BROWN,
Defendant.

THIS MATTER is before the Court on the Joint Stipulation of Dismissal and Joint Motion
to Disburse Funds (#32) and a Joint Motion for Disbursement of Funds (#33). The court has
considered the joint Motion for Disbursal of Funds first and then considered the joint Stipulation
of Dismissal as being filed only after the first motion is resolved. Upon consideration of such
motions, the court enters the following Order.
ORDER
IT IS, THEREFFORE, ORDERED that the joint Motion to Disburse Funds (#33) and
contained in (#32) is GRANTED, and the Clerk of Court shall issue from funds interpleaded and
deposited with the court:
(1)

a check in the amount of fifteen thousand dollars ($15,000.00) payable to the Estate
of Robert Brown, mailed to such defendant’s attorney Ted. F. Mitchell;

(2)

a check in the amount of one-hundred five thousand nine-hundred ninety-four
dollars and 26/100 ($105,994.26) payable to the “Trust Account of DeVore,
Acton & Stafford, P.A. for the benefit of MICHAEL RICH,” and mailed to such
plaintiff’s attorney Derek P. Adler.

IT IS FURTHER ORDERED that the joint Stipulation of Dismissal (#32), which the
court deems to be a joint Motion for Dismissal based upon stipulation of the parties under Rule
41, is GRANTED and this action is DISMISSED with prejudice pursuant to the terms stated in
the joint Stipulation of Dismissal, which is incorporated by reference.