Primerica Life Insurance Company v. Atkinson et al

Filing 21

ORDER on Motion to Deposit Funds and Dismiss The Prudential Insurance Company upon deposit of funds with the Court, signed by Judge Ronald B. Leighton. (DN)

THE HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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)
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Plaintiff,
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v.
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SHANNON ATKINSON and CAROLUN A. )
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ALLRED,
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Defendants.
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THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,

No. 3:11-cv-05369-RBL

ORDER OF DISMISSAL OF PLAINTIFF
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

Upon joint motion to deposit funds and dismiss The Prudential Insurance Company of

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America, Defendants Shannon Atkinson and Carolyn A. Allred (collectively, the “Adverse
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Claimants”) and Plaintiff The Prudential Insurance Company of America (“Prudential”), seek an

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Order directing Prudential to pay proceeds in the amount of $326,000, which represents $82,000

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in Basic coverage and $244,000 in Optional coverage (collectively, the “Death Benefit”), plus

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claim interest, if any, payable in connection with a certain policy of insurance insuring the life of

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Jerry E. Atkinson under Group Life Insurance Policy number G-46725 (the “Plan”), which was

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issued by Prudential to employees of Sonoco Products Company into an interest-bearing account

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with the Court, and discharging Prudential of all liability and dismissing with prejudice all claims

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ORDER OF DISMISSAL OF PLAINTIFF THE
PRUDENTIAL INSURANCE COMPANY OF
AMERICA - 1
H:\ORDERS\Prudential Proposed Order of Dismissal.Prudential.doc

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against Prudential relating to the Plan and/or the Death Benefit, and the Court having considered
the application of counsel, and for good cause having been shown;

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IT IS ORDERED as follows:

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1.

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That Prudential shall deposit with this Court a check in the amount of $82,000,

representing the Plan’s Basic coverage, plus claim interest, if any, and a check in the amount of
$244,000, representing the Plan’s Optional coverage, plus claim interest, if any, which
collectively represents the full amount of the Death Benefit payable under the Plan insuring the

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life of Jerry E. Atkinson;
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2.

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That the Clerk of this Court shall deposit the Death Benefit paid into Court by

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Prudential in an interest-bearing account and maintain the same pending further orders of the

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Court;

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3.

That upon deposit of the Death Benefit with the Court, Prudential shall be, and

hereby is, dismissed from the above-captioned action with prejudice and discharged from any
and all liability to the Adverse Claimants relating to the Plan and/or the Death Benefit, and for

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the Adverse Claimants to be, and hereby are, permanently enjoined from making any further
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actual or implied claims, demands and causes of action, asserted or unasserted, express or
implied, foreseen or unforeseen, real or imaginary, suspected or unsuspected, known or

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unknown, liquidated or unliquidated, of any kind or nature or description whatsoever, that

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Adverse Claimants, jointly and severally, ever had, presently have, may have, or claim or assert

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to have, or hereinafter have, may have, or claim or assert to have, against Prudential with respect

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to the Plan or the payment of the Death Benefit under the Plan; and

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ORDER OF DISMISSAL OF PLAINTIFF THE
PRUDENTIAL INSURANCE COMPANY OF
AMERICA - 2
H:\ORDERS\Prudential Proposed Order of Dismissal.Prudential.doc

4.

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That any and all claims against Prudential relating to the Plan and/or the Death

Benefit be, and the same hereby are, dismissed with prejudice and without costs to any party.

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This 8th day of August, 2011.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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APPROVED FOR ENTRY:
_/s/__________________________________________
Stephanie Andersen, WSBA #22250
Gordon & Polscer, L.L.C.
1000 Second Avenue, Suite 1500
Seattle, WA 98104
[phone]
[e-mail]
Counsel for Plaintiff The Prudential Insurance
Company of America

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/s/ - via email on July 19, 2011___________________
Barry Kombol, Esq., WSBA #1845
Law Offices of Rainier Legal Center, Inc. P.S>
31615 Maple Valley Highway
PO Box 100
Black Diamond, WA 98010
[phone]
Counsel for Defendant Shannon Atkinson
and
_/s/ - via email on June 23, 2011_____________________
George S. Kelley, WSBA #2981
PO Box 1901
1105 Tacoma Avenue S
Tacoma, WA 98401-1901
[phone]
Counsel for Defendant Carolyn A. Allred

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ORDER OF DISMISSAL OF PLAINTIFF THE
PRUDENTIAL INSURANCE COMPANY OF
AMERICA - 3
H:\ORDERS\Prudential Proposed Order of Dismissal.Prudential.doc