Securian Life Insurance Company v. Saxena et al

Filing 25

AMENDED ORDER FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS. Securian Life Insurance Company may deposit $759,002.71 (the Death Benefit ($750,000.00) plus applicable interest of $32,114.31 and less $23,111.60) into the Court's Regi stry. The $759,002.71 tendered by Securian Life on 5/13/2024 shall remain in the Court's Registry until such time as the Court makes an order directing disbursement and distribution of these funds. The Clerk is directed to deposit $759,002.71 into the Registry of the Court. Signed by Judge Tana Lin. (cc: WAWD Finance)(MJV)

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THE HONORABLE TANA LIN

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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SECURIAN LIFE INSURANCE
COMPANY,

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Plaintiff,

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v.

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SONAM SAXENA, an individual; THE
ESTATE OF SMRITI SAXENA, by and
through its Personal Representative Sonam
Saxena; and DOES 1 to 10, inclusive,

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Case No. 2:24-cv-00012-TL
AMENDED 1 ORDER FOR LEAVE TO
DEPOSIT INTERPLEADER FUNDS
[Local Court Rules7(d), 67; FRCP 67]

NOTE ON MOTION CALENDAR:
May 30, 2024

Defendants.

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Pursuant to the Court’s May 23, 2024 Minute Order (Dkt. No. 22), IT IS HEREBY

18 STIPULATED by and between Plaintiff Securian Life Insurance Company and defendants
19 SONAM SAXENA, an individual, and THE ESTATE OF SMRITI SAXENA, by and through its
20 Personal Representative Sonam Saxena that Securian Life be granted leave to interplead the sum
21 payable under the subject insurance policy (including applicable interest and a deduction of an
22 award of attorneys’ fees and costs) as follows:
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Securian Life Insurance Company (“Securian Life”) is subject to competing claims

24 for insurance benefits in the amount of $750,000.00 (the “Death Benefit”) payable because the
25 death of Smriti Saxena (the “Decedent”), an employee’s dependent insured under group term life
26 insurance policy number 70412 (the “Policy”) issued by Securian Life as a part of Google LLC’s
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This order amends and supersedes the Court’s prior Order (Dkt. No. 21).
STIPULATED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS
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1 employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974
2 (“ERISA”). Securian Life claims no beneficial interest in the Death Benefit at issue. Rather,
3 pursuant to Federal Rule of Civil Procedure 22 and 28 U.S.C. §1332, Securian Life seeks to have
4 the persons with adverse claims to the Death Benefit interplead and resolve their competing claims,
5 and for Securian Life to be discharged from all further liability. As such, Securian Life should be
6 permitted, pursuant to Federal Rule of Civil Procedure 67, to pay the Death Benefit (plus interest
7 and less attorneys’ fees and costs) into the Registry of the Court.
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Securian issued group term life insurance policy number 70412 (the “Policy”) to

9 Google LLC providing a Dependents Term Life Insurance Certificate Supplement (“Supplement”)
10 to eligible employees’ dependents, including Sonam Saxena’s spouse Smriti Saxena (herein the
11 “Decedent”). See Complaint, Dkt. No. 1, at ¶ 8. The Policy (and Supplement) is a part of Google
12 LLC’s employee welfare benefit plan governed by ERISA. Id. Under the ERISA plan, The
13 Supplement provided that Securian will pay the Death Benefit to “you [(Sonam Saxena)] if living,
14 otherwise to your estate.” Id., at ¶ 10. The Supplement does not otherwise designate a person as
15 secondary beneficiary. Id. The Death Benefit under the Policy payable by reason of the Decedent’s
16 death, and subject to this interpleader action, is $750,000.00. Id., at ¶ 9.
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Prior to, and until, February 18, 2020, Sonam Saxena was the eligible employee

18 under the ERISA plan and was the designated beneficiary pursuant to the terms of the Supplement.
19 Id., at ¶ 11. The Decedent died on February 18, 2020. Id., at ¶12.
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Shortly after Decedent’s death, Securian received notice of Decedent’s death and

21 opened a claim for the Death Benefit under the Supplement. Securian is the insurance carrier and
22 claims administrator under the Policy and Supplement. Id., at ¶13.
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Securian received a copy of the death certificate regarding the Decedent which listed

24 the cause of death as homicidal violence of undetermined etiology. Id., at ¶14.
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With respect to the Death Benefit owed under the Supplement, Securian Life has

26 received and/or is otherwise on notice of competing and adverse claims to the Death Benefit. Id.,
27 at ¶ 20. Thus, Securian Life is unable to pay the Death Benefit without being exposed to the risk
28 of double or multiple liability and/or contravening Google’s ERISA governed employee welfare
STIPULATED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS
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1 benefits plan.
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On January 3, 2024, Securian Life filed a Complaint in Interpleader pursuant to

3 Federal Rule of Civil Procedure 22 and 28 U.S.C. §1332 asking that the Court interplead the
4 Defendants, fully and finally discharge it from all liability under the Policy, award its fees and
5 costs, and dismiss it from the action. See, Complaint, Dkt. No.1. The defendants have appeared.
6 See, Answers to Complaint at Dkt. Nos. 14 and 15.
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Federal Rule of Civil Procedure 67 permits Securian Life to deposit the Death

8 Benefits under the Policy into the Court’s Registry. Specifically, Rule 67 provides:
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If any part of the relief sought is a money judgment or the disposition of a sum of money or
some other deliverable thing, a party—on notice to every other party and by leave of court—
may deposit with the court all or part of the money or thing, whether or not that party claims
any of it. The depositing party must deliver to the clerk a copy of the order permitting
deposit.

12 FED. R. CIV. P. 67(a).
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Securian Life has complied with Local Rules 7(d) and 67 with regard to the request

14 to deposit funds. A proposed order is included with this stipulated motion.
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Depositing the Death Benefit ($750,000.00) plus any applicable interest and less

16 Securian Life’s attorneys’ fees and cost will facilitate judicial economy by permitting Securian
17 Life, which is merely an innocent stakeholder, to withdraw from the dispute while entitlement to
18 the Death Benefit is resolved between adverse claimants.
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The parties agree that Securian Life is entitled to recover its fees and costs totaling

20 $23,111.60 and this amount should be deducted from the Death Benefit prior to deposit into the
21 Court’s Registry. An award of attorneys’ fees and costs to an interpleader plaintiff may be deducted
22 from the interpleaded funds. See Schirmer Co. Ltd. v. Seaboard Stevedoring Corp., 306 F.2d 188,
23 194–95 (9th Cir. 1962).
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For the reasons set forth above, the parties request an Order permitting Securian Life

25 to deposit $759,002.71 (the Death Benefit of $750,000.00, plus applicable interest of $32,114.31,
26 and less $23,111.60 for Securian Life’s attorneys’ fees and cost) into the Court’s Registry. The
27 check for $759,002.71 submitted by Securian Life to the Court Clerk on May 13, 2024 shall be
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STIPULATED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS
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1 deposited by the Clerk into the Court’s Registry until such time as the Court makes an order
2 directing disbursement and distribution of these funds.
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4 DATED this 30th day of May 2024.
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McDOWELL HETHERINGTON LLP

STOKES LAWRENCE, P.S.

By: /s/ Jodi K. Swick
Jodi Swick, (WSBA #47626)
14205 SE 36th Street, Suite 100
Bellevue, WA 98006
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff Securian Life
Insurance Company

By: /s/ Karolyn Hicks
Karolyn Hicks (WSBA #30418)
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Estate of Smriti
Saxena

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ALLEN HANSEN MAYBROWN &
OFFENBECHER, PS

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By: /s/ Todd Maybrown_________
Todd Maybrown
600 University Street, Suite 3020
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Sonam Saxena

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STIPULATED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS
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ORDER

2 Based on the Stipulated Motion (Dkt. No. 23) filed by the Parties pursuant to the Court’s May 23,
3 2024, Minute Order (Dkt. No. 22), it is hereby ORDERED:
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1.

Securian Life Insurance Company may deposit $759,002.71 (the Death Benefit

5 ($750,000.00) plus applicable interest of $32,114.31 and less $23,111.60) into the Court’s
6 Registry.
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2.

The $759,002.71 tendered by Securian Life on May 13, 2024 shall remain in the

8 Court’s Registry until such time as the Court makes an order directing disbursement and
9 distribution of these funds.
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3.

The Clerk is directed to deposit $759,002.71 into the Registry of the Court.

Dated: June 3, 2024

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A

Tana Lin
United States District Judge

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STIPULATED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS
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