Hickel et al v. Continental Western Insurance Company et al

Filing 45

ORDER adopting 44 Stipulation for Deposit of Funds. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Randall and Cathy Hickel,

)
)
Plaintiffs,
)
ORDER FOR DEPOSIT OF FUNDS
)
vs.
)
)
Continental Western Insurance Co., )
the Heirs at Law of James Seybold, )
deceased; Chelsea Seybold; and
)
Dylan Seybold, by and through his )
mother and next best friend,
)
Crystal Seybold,
)
Case No. 1:10-cv-080
)
Defendants.
)
______________________________________________________________________________
The parties have stipulated and agreed that: (1) Continental Western Insurance Co. would
deposit with the court the sum of $1,026,500, which represents its liability limits and remaining PIP
benefits under its insurance policy with David Porter, in exchange for releases of claims by the
remaining parties and their agreement that Continental Western Insurance Co. maybe dismissed with
prejudice; and (2) the court would determine in accordance with the claims of the remaining parties
who is entitled to the money so deposited and in what amounts. Based on the foregoing, it is hereby
ORDERED as follows:
1.

Continental Western Insurance Co. shall deposit the total sum of $1,026,500.00 into
the registry of the Court by two checks as follows:
a.

A check in the amount of $1,000,000.00 and a check in the amount of
$26,500.00 shall be sent to the United States District Court, Clerk of Court,
220 East Rosser Avenue, P.O. Box 1193, Bismarck, North Dakota 58502;
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b.
c.
2.

the two checks shall be made payable to the United States District Court; and
the two checks shall include a reference to the case number.

Upon the deposit by Continental Western Insurance Co. being properly made:
a.

the Court will order the entry of a partial judgment of dismissal dismissing
Continental Western Insurance Co. as to all claims with prejudice, and

b.

the Court will proceed to determine the claims of the remaining parties to the
deposited funds and enter final judgment accordingly.

Dated 6th day of October, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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