STIPULATION AND ORDER OF DISCHARGE IN INTERPLEADER, DISMISSAL WITH PREJUDICE OF GENWORTH LIFE AND ANNUITY INSURANCE COMPANY, AND CONSOLIDATION

ECF No. 30

JENNIFER A. DORSEY, District Judge.

Plaintiff Genworth Life and Annuity Insurance Company ("Genworth"), as the successor in interest to First Colony Life Insurance and Defendants Jacyln R. Hafter, J.H., G.H., Brandon Phillips as Trustee of the Jacob Hafter Trust dated April 17, 2018, and the United States of America ("Defendants") hereby submit the following Stipulation and Order of Discharge in Interpleader, Dismissal with Prejudice of Genworth Life and Annuity Insurance Company, and Consolidation in connection with the above-captioned action.

1. On November 13, 2018, Genworth filed its Complaint in Interpleader due to competing claims and/or interests of the Defendants and the potential for multiple liability with respect to a death benefit payable under a Term Life Insurance Policy No. 5707187 Genworth issued to Jacob Hafter ("Policy") in the amount of $250,000.00 ("Death Benefit"). ECF No. 2.

2. All Defendants named in this action have been served and have filed their respective Answers to the Complaint in Interpleader. ECF Nos. 7, 15, 20, 25 and 26. Defendants Jacyln Hafter, Brandon Phillips as Trustee of the Jacob Hafter Trust dated April 17, 2018, and the United States of America have also filed their Claims to the Death Benefit. ECF Nos. 7, 15, and 20.

3. On February 19, 2019, the Court ordered that any stipulation to interplead funds and dismiss Genworth be filed by February 26, 2019. ECF No. 29. The parties, however, could not reach a stipulation on February 26, 2019 and Genworth was preparing to submit a motion to discharge and interplead funds as well as an application for attorneys' fees. Subsequently, the parties have come to an agreement which is set forth herein.

4. Genworth has been and is now prepared to deposit the Death Benefit in the amount of $250,000.00 into the Court's registry account in accordance with Fed. R. Civ. P. 67 and LR 67-1. This amount represents the Death Benefit payable under the Policy. The parties request that the funds be invested in an interest bearing account established by the Clerk of the Court under LR 67-2(a).

5. Genworth further seeks $10,000.00 in attorneys' fees and costs incurred in the filing and prosecuting this action. The Parties agree and stipulate that Genworth may deduct $10,000.00 from the Death Benefit prior to depositing the sum with the Clerk of the Court.

6. Genworth further seeks discharge from any further liability under the Policy and on account of the death of Jacob L. Hafter and a dismissal with prejudice from this action. The parties agree and stipulate to Genworth's discharge and dismissal with prejudice from this action upon deposit of the Death Benefit less $10,000.00, which represents Genworth's attorneys' fees and costs.

7. The parties agree and stipulate that the Court shall enter an order permitting Genworth to deposit the Death Benefit, less $10,000.00 to the Clerk of this Court for the Court to deposit into the Court's Registry Account. Deposit shall be made within 20 days of the date of service of the Court's Order. Additionally, the parties request that the Clerk deposit the amount tendered by Genworth into an interest-bearing account until such time as the Court makes its order directing disbursement and distribution of these funds. The parties further request that Genworth be discharged and dismissed from this interpleader action with prejudice upon deposit to the Clerk of this Court.

8. The parties further agree and stipulate that Genworth is fully discharged from this action and all Defendants will not commence or prosecute any other action against Genworth for the collection of the Death Benefit or arising out of the subject Policy until further order of the court.

9. The parties further agree and stipulate that pursuant to Fed. R. Civ. P. 42 and LR 42-1, this action shall be consolidated with Reliastar Life Insurance Co. v. Jacyln R. Hafter, et al., Case No. 2:18-cv-01166-APG-NJK pending in the United States District Court for the District of Nevada as the two cases concern common questions of law and fact.

10. Upon consolidation of the actions, the remaining parties intend to submit a joint motion seeking to reschedule and extend the discovery cutoff and pretrial dates for the consolidated action for several months.

ORDER

Based on the parties' stipulation [ECF No. 30] and good cause appearing, IT IS HEREBY ORDERED that Genworth has until March 28, 2019, to deposit $240,000 (the Death Benefit minus Genworth's $10,000 in fees and costs incurred in this action) with the Clerk of Court for deposit into the Court Registry Investment System.

IT IS FURTHER ORDERED that, once the deposit has been made, Genworth will be fully dismissed and discharged from this action and no defendant herein will commence or prosecute any other action against Genworth for the collection of the Death Benefit or arising out of the subject Policy until further order of the court.

IT IS FURTHER ORDERED that the parties' request to consolidate the remainder of this action into Case No. 2:18-cv-01166-APG-NJK is DENIED without prejudice to the parties' ability to file a proper motion to consolidate in the docket in Case No. 2:18-cv-01166-APG-NJK, and in this case as Local Rule 42-1 requires. Alternatively, the remaining parties to this case (along with the parties in Case No. 2:18-cv-01166-APG-NJK) may file a stipulation to consolidate these matters in the docket in both cases and in the format dictated by Local Rules 7-1 and IA 6-2.