STIPULATION FOR DISMISSAL AND DISCHARGE OF PLAINTIFF NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION; [PROPOSED] ORDER

RICHARD SEEBORG, District Judge.

The parties, by and through their respective counsel, stipulate as follows:

RECITALS

WHEREAS, New York Life Insurance and Annuity Corporation ("New York Life") issued a life insurance policy to Erica D. Kapany ("Kapany"), dated July 24, 2008 ("Policy");

WHEREAS, Kapany died on September 6, 2012;

WHEREAS, Defendants-in-Interpleader Inga Stiles and Brian Gomez each submitted a claim to New York Life for the proceeds of the Policy, and each makes claim to the entire Policy proceeds to the exclusion of the other;

WHEREAS, New York Life has at all relevant times admitted liability under the terms of the Policy, makes no claim to the Policy proceeds, and has been unable to determine the proper beneficiary in light of the Defendants-in-Interpleaders' competing claims;

WHEREAS, on December 6, 2012, New York Life filed this action-in-interpleader pursuant to F.R.C.P. 22, and deposited with the Court the full proceeds of the Policy with accrued statutory interest in the amount of $1,002,602.74;

WHEREAS, in its Complaint-in-Interpleader New York Life sought, among other things, to be discharged and dismissed from this action in order to terminate all actual or potential liability under the Policy and to recover its attorneys' fees and costs incurred in preparing and participating in this action;

WHEREAS, Defendants-in-Interpleader on the one hand, and New York Life on the other, have reached a compromise and agreement for the dismissal and discharge of New York Life from this action.

STIPULATION

IT IS HEREBY STIPULATED BY AND BETWEEN COUNSEL OF RECORD FOR EACH OF THE PARTIES:

1. New York Life and its agents, attorneys and assigns are discharged of all liability with respect to or related to the Policy and this action;

2. New York Life is dismissed from this action with prejudice;

3. The Defendants-in-Interpleader, and each of them, their agents, attorneys and assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;

4. New York Life waives all claims to recovery of attorneys' fees and costs to be paid from the interpleaded funds or otherwise.

5. New York Life on the one hand, and Defendants-in-Interpleader on the other, shall bear their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to recovery of costs.

ORDER

GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED:

1. New York Life and its agents, attorneys and assigns are discharged of all liability with respect to or related to the Policy or this action;

2. New York Life is dismissed from this action with prejudice;

3. The Defendants-in-Interpleader, and each of them, their agents, attorneys and assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;

4. New York Life shall not recover any attorneys' fees and costs from the interpleaded funds or otherwise in this action.

New York Life on the one hand, and Defendants-in-Interpleader on the other, shall bear their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to recovery of costs.