JOINT MOTION TO DISMISS WITH PREJUDICE PRUCO LIFE INSURANCE COMPANY

SHERI POLSTER CHAPPELL, District Judge.

Plaintiff, Pruco Life Insurance Company ("Pruco"), and Defendants, Douglas Vane, Ian Hathaway and Christopher Vane (collectively, the "Parties"), hereby submit this Joint Motion to Dismiss with Prejudice Pruco Life Insurance Company.

WHEREAS, on August, 8, 2018, Pruco filed a Complaint for Interpleader pursuant to 28 U.S.C. § 1332 and Rule 22 of the Federal Rules of Civil Procedure in the United States District Court, Middle District of Florida, against Defendants, Shane Federici, Douglas Vane, Barbara Ann Hancock,1 Ian Hathaway and Christopher Vane (collectively, the "Defendants") (Doc. 1).

WHEREAS, Pruco agreed to provide insurance on the life of Richard L. Vane (the "Insured"), Policy Nos. 21798258, 71701321 and 71445965 (collectively the "Policies").

WHEREAS, Policy No. 21798258 obligates Pruco to pay a death benefit of $13,709.27 to the designated beneficiary(ies) upon the death of the Insured.

WHEREAS, Policy No. 71701321 obligates Pruco to pay a death benefit of $33,052. to the designated beneficiary(ies) upon the death of the Insured.

WHEREAS, Policy No. 71445965 obligates Pruco to pay a death benefit of $128,714.82 to the designated beneficiary(ies) upon the death of the Insured.

WHEREAS, the Insured died on February 2, 2018. As a result, the death benefits of the Policies became payable.

WHEREAS, Defendants have asserted, or may assert, competing and irreconcilable claims to the death benefits of the Policies.

WHEREAS, Pruco deposited the death benefits of the Policies including interest in the form of three cashier's checks made payable to the "Clerk of the United States District Court" in the amounts of $33,858.96, $131,855.24, and $14,042.73 with the Clerk of this Court on December 17, 2018. (Doc. 57).

WHEREAS, Pruco has incurred costs and reasonable attorneys' fees in connection with these proceedings exceeding the amount of $30,000.

WHEREAS, the Parties have stipulated and agreed to resolve all claims as to Pruco by awarding Pruco $10,000 in costs and attorneys' fees, to be paid from the benefits of the Policies and interest deposited with the Clerk of this Court.

THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective attorneys of record, as follows:

Pruco shall be awarded $10,000 in costs and attorneys' fees, to be paid from the benefits of the Policies and interest deposited with the Clerk of the Court.

The Parties agree that this Court shall determine the appropriate disbursement of the remaining amount of the Policies and interest interpleaded by Pruco.

The Parties agree not to commence any future action against Pruco for, or on account of, any transaction, matter, happening, or thing in any way arising from the rights and obligations of the Parties with respect to the Policies, the funds interpleaded with this Court, or this action.

The Parties agree and hereby request that Pruco be dismissed with prejudice from this action.

Plaintiff's undersigned Counsel certifies that on January 7, 2019, he first attempted via telephone and e-mail to confer with Counsel for Shane Federici, but was unsuccessful. On January 15, 2019, Counsel for Mr. Federici informed the Undersigned that she had been trying to get in touch with her client and will fully respond concerning this Motion as soon as she speaks with him. Further, in accordance with Local Rule 3.01(g), undersigned Counsel certifies that he will continue to contact and confer with Counsel for Mr. Federici after filing this Motion and will promptly supplement this Motion with a statement certifying whether or not or to what extent the Parties resolved the issues presented in this Motion.

IT IS SO STIPULATED.

OREDER DISMISSING WITH PREJUDICE PRUCO LIFE INSURANCE COMPANY

Pending before the Court is the Joint Motion of the Parties to Dismiss with Prejudice Plaintiff, Pruco Life Insurance Company ("Pruco"), filed with this Court on January 22, 2019 (Doc. __).

As background, on August, 8, 2018, Pruco filed a Complaint for Interpleader pursuant to 28 U.S.C. § 1332 and Rule 22 of the Federal Rules of Civil Procedure, against the Defendants.1 (Doc. 1). Pruco had agreed to provide insurance on the life of Richard L. Vane (the "Insured"), Policy Nos. 21798258, 71701321 and 71445965 (collectively, the "Policies"). The Insured died on February 2, 2018, and, as a result, the death benefits of the Policies became payable. Pruco claims that the Defendants have asserted, or may assert, competing and irreconcilable claims to the death benefits of the Policies. On December 17, 2018, Pruco deposited the death benefits of the Policies including interest in the form of three cashier's checks with the Clerk of this Court. (Doc. 57).

On January 22, 2019, the Parties, through their respective attorneys of record, filed a Joint Motion to Dismiss with Prejudice Pruco. (Doc. __). In light of the Defendants' consent to the requested relief, the Court finds good cause to grant the relief requested.

Accordingly, it is hereby ORDERED that:

1. Pruco shall be awarded $10,000.00 in costs and attorneys' fees to be paid from the benefits of the Policies and interest that was previously deposited with the Clerk of the Court. This Court directs the Clerk of the Court to issue a check in the amount of $10,000.00 to Pruco Life Insurance Company from the amounts previously deposited by Pruco and mail same to its Counsel of record.

2. The Parties agree that this Court shall determine the appropriate disbursement of the remaining amount of the Policies and interest interpleaded by Pruco.

3. The Defendants have agreed not to commence any future action against Pruco for, or on account of, any transaction, matter, happening or thing in any way arising from the rights and obligations of the Defendants with respect to the Policies, the funds interpleaded with this Court or this action.

4. Pruco Life Insurance Company is hereby Dismissed with Prejudice from this action.

DONE and ORDERED.