Filed: Dec. 19, 2012
Latest Update: Dec. 19, 2012
Summary: STIPULATION PURSUANT TO ORDER REQUIRING DEFENDANTS TO FILE A RENEWED STIPULATION FOR DISTRIBUTION OF FUNDS AND DISMISSAL OF ACTION Docket No. 57 ORDER REQUIRING THE CLERK OF THE COURT TO WITHDRAW FUNDS ON DEPOSIT AND SEND FUNDS TO THE FRESNO COUNTY SUPERIOR COURT ORDER DISMISSING ACTION LAWRENCE J. O'NEILL, District Judge. The remaining parties to this action, through their respective counsel of record, hereby stipulate and agree as follows: 1. Plaintiff Transamerica Life Insurance Company
Summary: STIPULATION PURSUANT TO ORDER REQUIRING DEFENDANTS TO FILE A RENEWED STIPULATION FOR DISTRIBUTION OF FUNDS AND DISMISSAL OF ACTION Docket No. 57 ORDER REQUIRING THE CLERK OF THE COURT TO WITHDRAW FUNDS ON DEPOSIT AND SEND FUNDS TO THE FRESNO COUNTY SUPERIOR COURT ORDER DISMISSING ACTION LAWRENCE J. O'NEILL, District Judge. The remaining parties to this action, through their respective counsel of record, hereby stipulate and agree as follows: 1. Plaintiff Transamerica Life Insurance Company f..
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STIPULATION PURSUANT TO ORDER REQUIRING DEFENDANTS TO FILE A RENEWED STIPULATION FOR DISTRIBUTION OF FUNDS AND DISMISSAL OF ACTION Docket No. 57
ORDER REQUIRING THE CLERK OF THE COURT TO WITHDRAW FUNDS ON DEPOSIT AND SEND FUNDS TO THE FRESNO COUNTY SUPERIOR COURT
ORDER DISMISSING ACTION
LAWRENCE J. O'NEILL, District Judge.
The remaining parties to this action, through their respective counsel of record, hereby stipulate and agree as follows:
1. Plaintiff Transamerica Life Insurance Company filed a Complaint in Interpleader on November 23, 2011. The named Defendants are Gary Shubin, James Shubin and Roberto Garcia.
2. Pursuant to Order Granting Stipulation to Set Aside the Defaults of Defendants Gary Shubin and James Shubin (Docket No. 52), said parties filed responsive pleadings in this action on December 7, 2012.
3. Roberto Garcia is represented by William J. Keeler of Garvey Schubert Barer. Gary Shubin and James Shubin are represented by John W. Phillips of Wild, Carter & Tipton.
4. On July 10, 2012, Magistrate Judge Sheila K. Oberto issued findings and recommendations that the Motion for Discharge and Award of Attorney's Fees previously filed by Plaintiff be granted, and Ordered that Plaintiff serve a copy of the Court's Order on Gary and James Shubin. No objections were filed during the objection period. On August 6, 2012, District Judge Lawrence J. O'Neill issued an Order adopting the findings and recommendation and further ordered Plaintiff to deposit one-third of the Annuity (the disputed portion purportedly owed to Garcia) with the Court, and to distribute the remaining two-thirds of the Annuity to James and Gary Shubin, and to provide the Court with an accounting of the Annuity and with the mailing addresses for James and Gary.
5. On August 24, 2012, Plaintiff deposited $118,467.48 — the disputed funds — with the Court.
6. Pursuant to this Court's Order requiring Defendants to file a renewed stipulation for distribution of the funds and dismissal of action dated December 6, 2012 (Docket No. 55), counsel for James and Gary Shubin on the one part, and counsel for Roberto Garcia on the other part, hereby submit to the court, a proposed Stipulation for Distribution of Remaining Funds and Dismissal of Action; Proposed Order Thereon.
7. Remaining Defendants, through their respective counsel of record, hereby stipulate and agree that the disputed annuity funds be distributed, pursuant to California Code of Civil Procedure § 386, to the Fresno County Superior Court, for deposit with the Clerk of that Court in connection with the consolidated cases captioned Lauderdale v. Garcia, Fresno County Superior Court Case No. 11CECG02841.1
IT IS SO STIPULATED.
ORDER
Pursuant to the above Stipulation and the Court's findings, IT IS HEREBY ORDERED that:
1. This action is DISMISSED in its entirely;
2. The Clerk of the Court is DIRECTED to:
a. ISSUE a check made payable to the "Fresno County Superior Court" withdrawing all funds on deposit in this action, including interest, minus the registry fee;
b. INDICATE in the Memo portion of the check that the funds are for an "interpleader deposit in Fresno County Superior Court case captioned Lauderdale v. Garcia, Case No. 11CECG02841";
c. MAIL the check to the Fresno County Superior Court at the following address:
Attn: Greg Rutherford
Fresno Superior Court
Unlimited Civil Division, 4th floor
1130 O Street
Fresno, CA 93724-2220;
d. SERVE a copy of this order on the Fresno County Superior Court2; and
e. CLOSE this action; and
3. The Court shall retain jurisdiction to enforce this order as necessary.
IT IS SO ORDERED.
