American General Life Insurance Company v. Boruch, Chase et al

Filing 71

JUDGMENT entered in favor of plaintiff dismissing this case. (WMC / PAO). (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
AMERICAN GENERAL LIFE INSURANCE
COMPANY,
JUDGMENT IN A CIVIL CASE
Plaintiff and Counter-Defendant,
12-cv-324-wmc

v.
ESTATE OF SALLY PERGOLSKI,
Defendant,
CHASE BORUCH,
Defendant, Counter-Claimant and
Cross-Claimant,
and
JAMIE PERGOLSKI,
Defendant and Cross-Defendant.

This action came for consideration before the court with District Judge
William M. Conley presiding. The issues have been considered and a decision has been
rendered.

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of plaintiff:
(1) granting plaintiff American General Life Insurance Company's motion for
entry of order of final decree of interpleader without attorney's fees and costs as follows:
(a) American General is granted leave to deposit its admitted liability in
the amount of $500,000 into the registry of this court within 45 days:
(b) upon deposit, Chase Boruch, Jamie Pergolski, both individually and in
her position as administrator of the Estate, and the Estate of Sally Pergolski
are all currently and perpetually restrained and enjoined from instituting or

prosecuting any proceedings against American General Life Insurance
Company in any way relating to the policy il\' dispute or its proceeds;
(c) upon deposit, all Iiens against the proceeds of the policy assened by or
on behalf of the claimants, including any and all attorneys' liens, costs, fees
and charges, are also hereby resolved and of no force or effect; and
(d) the coun issues these injunctions withotit requiring any funher bond
or surety.
(2) Upon receipt of the proceeds, the clerk of the cpun shaH promptly transfer
the proceeds to the probate clerk of Marathon County for distribution as it sees fit in
Case No. 12-PR-25.
IT IS FURTHER ORDERED AND ADJUDGED that all other claims, including
counterclaims and cross-claims are dismissed.
Approved as to form this ~~ay of November, 2012.

-2~~
Peter Oppe eer, Clerk of Coun

NOV 20 2012

Date