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MINNESOTA LIFE INSURANCE COMPANY v. ALIRES, 15-cv-00502-NYW. (2015)

Court: District Court, D. Colorado Number: infdco20151116a21 Visitors: 3
Filed: Nov. 13, 2015
Latest Update: Nov. 13, 2015
Summary: ORDER OF DISMISSAL AND ATTORNEY'S FEES NINA Y. WANG , Magistrate Judge . This matter comes before the court pursuant to 28 U.S.C. 636(c)(1) and the Order of Reference Upon Consent to Jurisdiction of Magistrate Judge dated June 9, 2015. [#30]. Pending before the court are the following: (1) Minnesota Life Insurance Company's ("Minnesota Life") Unopposed Motion to Dismiss with Prejudice and Unopposed Motion for Attorneys' Fees and Costs filed by Plaintiff on September 30, 2015 [#35]; and
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ORDER OF DISMISSAL AND ATTORNEY'S FEES

This matter comes before the court pursuant to 28 U.S.C. § 636(c)(1) and the Order of Reference Upon Consent to Jurisdiction of Magistrate Judge dated June 9, 2015. [#30]. Pending before the court are the following:

(1) Minnesota Life Insurance Company's ("Minnesota Life") Unopposed Motion to Dismiss with Prejudice and Unopposed Motion for Attorneys' Fees and Costs filed by Plaintiff on September 30, 2015 [#35]; and

(2) The Parties' Stipulation and Motion for Disbursement of Funds in the Court Registry and for Dismissal With Prejudice filed on October 13, 2015 [#36].

The Parties did not file the Stipulation and Motion for Disbursement of Funds as a motion, but the court has sua sponte converted it to a pending motion. Based on the representations made by the Parties in each of the respective filings, the court understands that a full and final settlement of this interpleader action has been reached by and between Linda Alires and Katherine Blea. Accordingly, IT IS ORDERED:

(1) The Unopposed Motion to Dismiss with Prejudice and Unopposed Motion for Attorneys' Fees and Costs filed by Plaintiff Minnesota Life Insurance Company on September 30, 2015 [#35] is GRANTED;

(2) Minnesota Life is DISMISSED as a party to the lawsuit WITH PREJUDICE;

(3) The Clerk of the Court is DIRECTED to DISBURSE the amount of $8,642.73 from the funds deposited with the registry of the Court for this matter, pursuant to a check made payable to Minnesota Life Insurance Company, with reference to Bert Blea 1078500, and will be mailed to counsel at the following address:

Jared C. Lockwood, Esq. Fennemore Craig, P.C. 1700 Lincoln St., Ste. 2400 Denver, CO 80203

(4) Stipulation and Motion for Disbursement of Funds in the Court Registry and for Dismissal With Prejudice [#36] is GRANTED, insofar as the Parties seek disbursement of funds currently held in the court's registry;

(5) The Clerk of the Court is DIRECTED to DISBURSE the amount of $37,000.00 from the funds deposited with the registry of the Court for this matter, pursuant to a check made payable to Linda Alires, and will be sent to counsel of record for Ms. Alires at the following address:

M. James Zendejas, Esq. 121 E. Vermijo Avenue, Suite 200 Colorado Springs, Colorado 80903

(6) After disbursement to Minnesota Life and Defendant Alires, the Clerk of the Court is DIRECTED to DISBURSE the remaining amount of funds held in the registry of the Court for this matter, pursuant to a check made payable to Katherine Blea, to be sent to counsel of record for Ms. Blea at the following address:

Steven T. Nolan, Esq. 1021 S. Tejon Street Colorado Springs, Colorado 80903

(7) Upon completion of the disbursement of funds, the Stipulation between Linda Alires and Katherine Blea will operate as matter of law as a DISMISSAL WITH PREJUDICE of this action and all claims between the Parties pursuant to Rule 41(a)(1)(A)(ii) and (B), as the Stipulation expressly states that such dismissal will be made with prejudice [#36 at ¶ 4]; and

(8) Each Party will bear its and her own costs and fees.

Source:  Leagle

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