STIPULATION AND ORDER TO AMEND THE ORDER OF DISCHARGE IN INTERPLEADER, DISMISSAL WITH PREJUDICE OF GENWORTH LIFE AND ANNUITY INSURANCE COMPANY, AND CONSOLIDATION [ECF 31]

ECF No. 36

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 to Amend the Order of Discharge in Interpleader, Dismissal with Prejudice of Genworth Life and Annuity Insurance Company, and Consolidation ("Stipulation and Order to Amend") in connection with the above-captioned action.

1. On March 1, 2019, Genworth filed the Stipulation and Order of Discharge in Interpleader, Dismissal with Prejudice of Genworth Life and Annuity Insurance Company, and Consolidation. (ECF 30).

2. On March 11, 2019, the Court issued an Order of Discharge in Interpleader, Dismissal with Prejudice of Genworth Life and Annuity Insurance Company, and Consolidation ("March 11, 2019 Order") requiring Genworth to deposit $240,000.00 (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. (ECF 31).

3. Since entry of the Court's March 11, 2019 Order, Genworth has learned that the Death Benefit of $250,000.00 has accrued interest in the amount $5,556.16.

4. Accordingly, Genworth seeks to amend the March 11, 2019 Order to allow the deposit of $245,556.16 by March 28, 2019. This amount represents the Death Benefit inclusive of accrued interest and less $10,000.00 in Genworth's attorneys' fees and costs.

5. The parties agree and stipulate that the Court shall enter an order amending the March 11, 2019 Order to permit Genworth to deposit $245,556.16 to the Clerk of this Court for deposit into the Court's Registry Investment System.

6. The parties agree and stipulate that this Stipulation and Order to Amend does not seek to amend or change any other ruling of the Court's March 11, 2019 Order.

ORDER

Based on the parties' stipulation [ECF No. 36] and good cause appearing, IT IS HEREBY ORDERED that the court's order dated 3/11/19 [ECF No. 31] directing Genworth to deposit $240,000 is hereby amended to state that the deposit should instead be in the amount of $245,556.16 (which represents $250,000 + accrued interest of $5,556.16-$10,000 in Genworth's fees and costs).