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Standard Insurance Company v. Gilliland, 3:18-cv-04929-RS. (2019)

Court: District Court, N.D. California Number: infdco20190201887 Visitors: 9
Filed: Jan. 30, 2019
Latest Update: Jan. 30, 2019
Summary: STIPULATION AND ORDER FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AND WITHOUT ATTORNEY FEES AND COSTS RICHARD SEEBORG , District Judge . The parties to this action are Interpleader Plaintiff STANDARD INSURANCE COMPANY ("Standard") and Interpleader Defendants, VICTORIA P. GILLILAND, as an individual and as a Trustee of The Gilliland Revocable Trust, along with four individual Defendants DAVID GILLILAND, JEFFREY GILLILAND, MATTHEW GILLILAND, and LISA GILLILAND (collectively all named Defend
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STIPULATION AND ORDER FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AND WITHOUT ATTORNEY FEES AND COSTS

The parties to this action are Interpleader Plaintiff STANDARD INSURANCE COMPANY ("Standard") and Interpleader Defendants, VICTORIA P. GILLILAND, as an individual and as a Trustee of The Gilliland Revocable Trust, along with four individual Defendants DAVID GILLILAND, JEFFREY GILLILAND, MATTHEW GILLILAND, and LISA GILLILAND (collectively all named Defendants in this action are referred to as the "Interpleader Defendants").

I. STIPULATION

Standard and the Interpleader Defendants (collectively the "Parties") have settled their differences and performed according to the requirements of their November 26, 2018 "Stipulation and Order for Deposit of Funds, Payment of Deposited Funds and Discharge of Standard Insurance Company," Pacer 20, and their Confidential Release. The Parties now STIPULATE as follows:

1. Victoria Gilliland has received her check in full payment of all sums due her under the "Stipulation and Order for Deposit of Funds, Payment of Deposited Funds and Discharge of Standard Insurance Company," Pacer 20. Victoria Gilliland has deposited that check and has advised Standard that the check has been honored. See Pacer 20 esp pp 6-7 ¶¶ 6-7 (Gilliland's obligation to notify Standard check has been paid and Parties' requirements thereafter to proceed with dismissal).

2. This entire action should be dismissed with prejudice, including a provision that none of the Parties shall ever make any claim against any other of the Parties for attorney fees, costs or any expense of any kind in connection with the prosecution and dismissal of this action or any event occurring prior to the date of this stipulation. In this connection, the Parties note that all their respective claims for (i) attorney fees and costs incurred in this action, or, (ii) attorney fees and costs incurred at any time prior to submission of this Stipulation in any connection with payment of any amount due or claimed to be due from Standard to any person or entity on the death of James George Gilliland, Jr., have been resolved as set forth in the "Stipulation and Order for Deposit of Funds, Payment of Deposited Funds and Discharge of Standard Insurance Company" (Pacer 20) and the Parties' Confidential Release.

SIGNATURE ATTESTATION:

I, Warren H. Nelson, Jr., counsel to Standard Insurance Company, hereby attest under penalty of perjury that I have in my possession the original signatures of Andrew R. Verriere, Esq., counsel to Victoria P. Gilliland individually and as Trustee of The Gilliland Revocable Trust, and Michael C. Cooper, Esq., counsel to David Gilliland, Jeffrey Gilliland, Matthew Gilliland, and Lisa Gilliland, stipulating as noted above and approving as to form as noted below the Order submitted herewith.

SO STIPULATED and ATTESTED:

SO STIPULATED:

II. ORDER

The Court has considered the foregoing stipulation as well as the "Stipulation and Order for Deposit of Funds, Payment of Deposited Funds and Discharge of Standard Insurance Company," Pacer 20. As jointly requested by the Parties, the Court now ORDERS that this entire action is DISMISSED WITH PREJUDICE. Further, the Court ORDERS that none of the Parties shall at any time make against any other of the Parties any claim for attorney fees, costs and expenses in connection with the prosecution and dismissal of this action or any event occurring prior to the date of this ORDER. The Court notes that each of the Parties' counsel has approved this ORDER as to form:

IT IS SO ORDERED.

Source:  Leagle

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