Transamerica Life Insurance Company v. Hughes et al

Filing 16

ORDER GRANTING PLAINTIFF'S 9 MOTION FOR DISCHARGE AND DIRECTING THE PARTIES TO ENGAGE IN EARLY MEDIATION signed by Hon. James P. Donohue; Deft Darleen Lynn Hughes' answer is due 3/23/2018. Mediation to be completed by 4/30/2018. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRANSAMERICA LIFE INSURANCE CO.,
Plaintiff,

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v.
DARLEEN LYNN HUGHES, et al.,

ORDER GRANTING PLAINTIFF’S
MOTION FOR DISCHARGE AND
DIRECTING THE PARTIES TO
ENGAGE IN EARLY MEDIATION

Defendants.

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NO. C17-1434-JPD

This matter comes before the Court on Interpleader Transamerica Life Insurance

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Company’s (“Transamerica”) motion for discharge. Dkt. 9. Transamerica’s amended

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complaint asks the Court to determine which defendant(s) are legally entitled to $129,347.94,

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which is the sum (plus interest) due and owing under Transamerica’s Fixed Deferred Annuity

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Policy Number 02CBT110744 insuring the life of decedent George Divis. During the Court’s

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telephonic status conference on March 15, 2018, each of the parties advised the Court that they

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had no objection to Transamerica’s request to be discharged from this action. In addition, the

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Court explained to the parties why early mediation may be the least expensive means of

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resolving this matter, and directed the parties to engage in early mediation proceedings.

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ORDER - 1

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Accordingly, the Court ORDERS as follows:

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(1) Transamerica’s motion for discharge, Dkt. 9, is GRANTED. Transamerica is

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released and discharged from this action and any and all liability to defendants and their heirs,

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assigns, and beneficiaries. Each of the defendants, their heirs, assigns, beneficiaries, and

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attorneys are permanently restrained and enjoined from instituting or prosecuting any action or

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proceeding against Transamerica for the annuity proceeds of Policy Number 02CBTT110744

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in the amount of $129,347.94, issued on the life of decedent George Divis, or from seeking a

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determination as to the person(s) lawfully entitled to the proceeds thereof other than among

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themselves.

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(2) Transamerica shall deposit the principal balance of $129,347.94, representing the

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the insurance policy proceeds, into the Registry of the Court pursuant to Fed. R. Civ. P. 22

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within ten (10) days of the date of this Order, for an adjudication of the defendants’ respective

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rights to that sum. As discussed during the telephonic status conference, Transamerica may

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file a properly supported motion seeking attorney’s fees and costs in this matter. If such a

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motion is granted, the Court would deduct the awarded fees and costs from the insurance

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proceeds.

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(3) To date, defendant Darleen Lynn Hughes has failed to file an answer or other

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responsive pleading in this case. She is therefore directed to file her answer, or otherwise

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respond to the amended complaint, by no later than Friday, March 23, 2018.

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(4) The Court will enter a Scheduling Order setting forth the December 3, 2018 trial

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date and related deadlines. In the meantime, however, the parties are directed to engage in

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early mediation proceedings. Specifically, the parties shall confer with each other, by phone or

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email, and select a mediator by no later than March 30, 2018. The parties shall also complete

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ORDER - 2

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the mediation by no later than April 30, 2018, and promptly advise the Court as to whether this

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matter has been resolved.

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(5) The Clerk is directed to send a copy of this Order to all the parties.
DATED this 20th day of March, 2018.

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A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER - 3