Metropolitan Life Insurance Company v. Nelson et al

Filing 11

STIPULATION AND ORDER FOR DISBURSAL OF LIFE INSURANCE PROCEEDS CONSISTENT WITH SETTLEMENT AGREEMENT, DISMISSAL, AND PLAINTIFF'S FEES AND COSTS signed by Hon. Michelle L. Peterson, the parties' 10 Stipulated Motion. (TF)

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Case 2:20-cv-00314-MLP Document 11 Filed 01/07/21 Page 1 of 4 Hon. Judge Michelle L. Peterson 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation NO. 2:20-CV-00314-MLP Plaintiff, 9 10 11 12 13 vs. JULIE NELSON, an individual; J.S. (a minor), by and through her parent and guardian Julie Nelson; K.S. (a minor), by and through her parent and guardian Julie Nelson; SYDNEY SLOVE, an individual; and SHARON WILLIAMS, an Individual, 14 STIPULATION AND ORDER FOR DISBURSAL OF LIFE INSURANCE PROCEEDS CONSISTENT WITH SETTLEMENT AGREEMENT, DISMISSAL, AND PLAINTIFF’S FEES AND COSTS Defendants. 15 STIPULATION 16 17 Metropolitan Life Insurance Company (“MetLife”), by and through its counsel of record, Julie Nelson, J.S., K.S., and Sydney Slove (collectively, “Nelson Defendants”) by and through 18 their counsel of record, and Sharon Williams, by and through her counsel of record, 19 (collectively, the “Parties”) hereby stipulate and agree as follows: 20 1. At the time of his death, Decedent Eric Slove was enrolled in a plan for basic life 21 insurance coverage with MetLife with benefits in the amount of two hundred thirty-one thousand 22 dollars ($231,000). 23 2. 24 The Nelson Defendants and Sharon Williams presented MetLife with competing claims to the benefits of Mr. Slove’s life insurance policy. 25 STIPULATION AND ORDER-1 GORDON REES SCULLY MANSUKHANI, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 Telephone: (206) 695-6645 Facsimile: (206) 689-2822 Case 2:20-cv-00314-MLP Document 11 Filed 01/07/21 Page 2 of 4 1 2 3 3. MetLife filed this interpleader action with the Court under Rule 22 to resolve the competing claims to the benefits. No funds have been deposited with the court. 4. The Nelson Defendants and Sharon Williams engaged in a mediation regarding 4 the disputed life insurance benefits. At mediation, the Nelson Defendants and Sharon Williams 5 reached a settlement agreement regarding the disbursal of the benefits. A copy of the Settlement 6 Agreement is attached as Exhibit A. 7 8 9 5. Interest on the life insurance benefits, as of January 6, 2021, is approximately $32,314.67. 6. The Parties agree that MetLife shall disburse the benefits consistent with the terms 10 of the Settlement Agreement, including an award to MetLife for its attorney’s fees and costs, 11 without further Court involvement. Specifically, the Parties agree that MetLife shall despot the 12 total amount of the benefits, including the interest, in the Anderson Hunter Trust Account. 13 Anderson Hunter will then provide check(s) for the amounts payable to the Nelson Defendants 14 and Ms. Williams. 15 16 17 7. The Parties agree that MetLife’s attorneys’ fees and costs shall be paid/withheld from the benefits in the amount of $5,000. 8. Following the disbursement of the life insurance proceeds, as described above, the 18 Parties agree that this court shall enter an order discharging MetLife of all liability related to the 19 benefits and the handling of the claims and disbursement of benefits. 20 9. Thereafter, the parties agree that this matter should be dismissed with prejudice. 21 22 23 24 25 STIPULATION AND ORDER-2 GORDON REES SCULLY MANSUKHANI, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 Telephone: (206) 695-6645 Facsimile: (206) 689-2822 Case 2:20-cv-00314-MLP Document 11 Filed 01/07/21 Page 3 of 4 1 2 Dated: January 7, 2021 3 GORDON REES SCULLY MANSUKHANI, LLP ANDERSON HUNTER LAW FIRM 10 By: /s/ Elizabeth K. Morrison Elizabeth K. Morrison, WSBA #43042 Attorneys for Plaintiff MetLife 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 Phone: (206) 695-6645 Fax: (206) 689-2822 emorrison@grsm.com By: /s/ Ian Johnson Ian Johnson, WSBA # 39724 Attorneys for Defendant Sharon Williams 72707 Colby Avenue #1001 Everett, WA 98201 Phone: (425) 252-5161 Fax: (425) 258-3345 ijohnson@andersonhunterlaw.com 11 MORGAN HILL P.C. 4 5 6 7 8 9 12 13 14 15 16 17 By: /s/ Clint L. Morgan Clint L. Morgan, WSBA #22181 Attorneys for Defendants Julie Nelson, J.S., K.S., and Sydney Slov 2102 Carriage Dr. SW, Bldg C Olympia, WA 98502-5700 Phone: (360) 357-5700 Fax: (360) 357-5761 clint@olympialegal.com 18 19 20 21 22 ORDER THIS MATTER, having come before the Court on the parties’ Stipulation for Disbursal of Funds consistent with Settlement Agreement; Dismissal; and Plaintiff’s Attorneys’ Fees and Costs, and the Court being fully advised in the premises, now, therefore, it is ORDERED that: 23 24 25 STIPULATION AND ORDER-3 GORDON REES SCULLY MANSUKHANI, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 Telephone: (206) 695-6645 Facsimile: (206) 689-2822 Case 2:20-cv-00314-MLP Document 11 Filed 01/07/21 Page 4 of 4 1 1. Within ten (10) court days of the entry of this Order, MetLife shall disburse the 2 benefits at issue consistent with the Parties’ stipulation and provide notice to the court and all 3 parties. 4 2. Upon completion of the disbursal of all funds, MetLife shall be discharged of all 5 liability arising from the handling of the claims to the life insurance benefits at issue and this 6 action shall be dismissed with prejudice. 7 IT IS SO ORDERED. 8 ENTERED this 7th day of January 2021. 9 A 10 MICHELLE L. PETERSON United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER-4 GORDON REES SCULLY MANSUKHANI, LLP 701 Fifth Avenue, Suite 2100 Seattle, WA 98104 Telephone: (206) 695-6645 Facsimile: (206) 689-2822

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