The Lincoln National Life Insurance Company v. Ridgway et al

Filing 50

ORDER granting 49 Stipulated Motion to Dismiss Remaining Counterclaims with Prejudice and Disburse Interpleader Funds. Ms. Ridgway's counterclaim against Lincoln National is dismissed with prejudice; the clerk is authorized and directed t o draw a check(s) on the funds deposited in the registry of this Court in the principal amount of $257,295.72 plus all accrued interest, minus any statutory users fees, payable to Attorney Tom Seguine in Trust for Claudia Ridgway. Signed by Judge Ricardo S Martinez. (PM) cc: finance

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

10 THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
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Plaintiff,
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v.
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CLAUDIA RIDGWAY; JOSEPH M.
14 GONZALES; and AMANDA GONZALES
and BETHANY KRISTIANSEN, in their
15 individual capacities, and as personal
representatives for the ESTATE of JOSEPH
16 B. GONZALES,
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No.: 2:17-cv-01490 RSM
STIPULATION TO DISMISS
REMAINING COUNTERCLAIM WITH
PREJUDICE AND DISBURSE
INTERPLEADED FUNDS

Defendants.

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I. STIPULATION
Plaintiff The Lincoln National Life Insurance Company (“Lincoln National”) and

21 Defendant Claudia Ridgway (together, the “Parties”) join in this stipulated motion to dismiss
22 Ridgway’s counterclaim against Lincoln National with prejudice and without an award of
23 costs or fees to any of the Parties. The dismissal of Ridgway’s counterclaim and the Parties’
24 requests for costs and attorney fees will fully resolve this matter.
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The Parties further jointly move the Court to disburse the interpleaded funds

26 deposited in the Court’s registry. Pursuant to LCR 67(b), the principal sum deposited by
STIPULATION TO DISMISS REMAINING COUNTERCLAIM WITH
PREJUDICE AND DISBURSE INTERPLEADED FUNDS
No.: 2:17-cv-01490 RSM

Page 1

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]

1 Lincoln National into the Court’s registry is $257,295.72.1 The Parties respectfully move the
2 Court to direct the clerk to draw a check on these funds, plus all accrued interest, minus any
3 statutory users fees, payable to “Attorney Tom Seguine in Trust for Claudia Ridgway” and
4 mail or deliver the checks to “Attorney Tom Seguine in Trust for Claudia Ridgway.” In
5 accordance with LCR 67(b) Ridgway’s counsel, Mr. Seguine, will provide the clerk with the
6 appropriate mailing address and tax identification number, which will not be filed in the
7 record.
II. ORDER

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Based on the Stipulation to Dismiss Remaining Counterclaim with Prejudice and

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10 Disburse Interpleaded Funds submitted by Plaintiff The Lincoln National Life Insurance
11 Company (“Lincoln National”) and Defendant Claudia Ridgway, the Court hereby GRANTS
12 the Parties’ motion and hereby ORDERS that:
(1) Ms. Ridgway’s counterclaim against Lincoln National is dismissed with prejudice,

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14 and without attorney fees, expenses, or costs as to any party; and
(2) the clerk is authorized and directed to draw a check(s) on the funds deposited in

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16 the registry of this Court in the principal amount of $257,295.72 plus all accrued interest,
17 minus any statutory users fees, payable to “Attorney Tom Seguine in Trust for Claudia
18 Ridgway” and mail or deliver the checks to “Attorney Tom Seguine in Trust for Claudia
19 Ridgway,” as mutually agreed between the clerk and Mr. Seguine.
Dated this 10 day of April 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Lincoln National deposited the funds totaling $257,295.72 in two payments. Lincoln National

25 initially deposited a check for $256,785.21, on March 16, 2018. And Lincoln National deposited a
second check for $510.51, on March 30, 2018. The second check was for the remainder of the

26 interest that had accrued as of the date Lincoln National’s original deposit.
STIPULATION TO DISMISS REMAINING COUNTERCLAIM WITH
PREJUDICE AND DISBURSE INTERPLEADED FUNDS
No.: 2:17-cv-01490 RSM

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Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]

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3 Submitted By:
4 BULLIVANT HOUSER BAILEY PC
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By

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/s/ Daniel R. Bentson
Daniel R. Bentson, WSBA #36825
E-mail: [e-mail]
Owen R. Mooney, WSBA #45779
E-mail: [e-mail]
1700 Seventh Ave., Suite 1810
Seattle, Washington 98101
206.292.8930

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Attorneys for Plaintiff The Lincoln National Life Insurance Company

12 THOMAS SEGUINE ATTORNEY AT LAW
13 By
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/s/ Thomas E. Seguine
Thomas S. Seguine, WSBA #17507
[e-mail]
Thomas Seguine
Attorney at Law
1023 South 3rd
Mount Vernon, WA 98273
Telephone: [phone]

Attorney for Defendant Claudia Ridgway

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STIPULATION TO DISMISS REMAINING COUNTERCLAIM WITH
PREJUDICE AND DISBURSE INTERPLEADED FUNDS
No.: 2:17-cv-01490 RSM

Page 3

Bullivant|Houser|Bailey PC
1700 Seventh Avenue, Suite 1810
Seattle, Washington 98101-1397
Telephone: [phone]