Opinion
3:23-cv-03756-TLT
05-31-2024
LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-In-Interpleader, v. SONIA VERMA, Individually and as Guardian of A.M. and V.C. MINORS; DEEPESH CHAUDHARY, as Trustee of the Bhuvnesh Chaudhary Separate Property Trust; PALLAVI SIKARWAR, as Guardian of S.C. MINOR, Defendants-In-Interpleader.
Nicole Y. Blohm (Bar No. 177284) Jonathan H. Semerjian (Bar No. 346217) MESERVE, MUMPER & HUGHES LLP Attorneys for Plaintiff-In-Interpleader LIFE INSURANCE COMPANY OF NORTH AMERICA Amanda L. Riddle (Bar No. 215221) Dallas E. Dean COREY, LUZAICH, DE GHETALDI & RIDDLE LLP Attorneys for Defendant-in-Interpleader Sonia Verma, Individually and as Guardian of A. M. and V. C. Joseph M. Morrill (Bar No. 187207) G. Jeff Coons (Bar No. 182847) MORRILL LAW Attorneys for Defendant-in-Interpleader Deepesh Chaudhary as Trustee of the Bhuvnesh Chaudhary Separate Property Trust Andree D. Taylor (Bar No. 226117) Taylor Solano & Associates 4695 Attorneys for Defendant-in-Interpleader Pallavi Sikarwar, as Guardian of S.C. TO THE COURT AND TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
Nicole Y. Blohm (Bar No. 177284)
Jonathan H. Semerjian (Bar No. 346217)
MESERVE, MUMPER & HUGHES LLP
Attorneys for Plaintiff-In-Interpleader LIFE INSURANCE COMPANY OF NORTH AMERICA
Amanda L. Riddle (Bar No. 215221)
Dallas E. Dean
COREY, LUZAICH, DE GHETALDI & RIDDLE LLP
Attorneys for Defendant-in-Interpleader Sonia Verma, Individually and as Guardian of A. M. and V. C.
Joseph M. Morrill (Bar No. 187207)
G. Jeff Coons (Bar No. 182847)
MORRILL LAW
Attorneys for Defendant-in-Interpleader Deepesh Chaudhary as Trustee of the Bhuvnesh Chaudhary Separate Property Trust
Andree D. Taylor (Bar No. 226117)
Taylor Solano & Associates 4695
Attorneys for Defendant-in-Interpleader Pallavi Sikarwar, as Guardian of S.C.
TO THE COURT AND TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
JOINT UNOPPOSED MOTION RE: DEPOSIT AND DISTRIBUTION OF INTERPLEADER POLICY BENEFITS AND INTEREST; [PROPOSED] ORDER
HON. TRINA L. THOMPSON UNITED STATES DISTRICT JUDGE
Please take notice that the Parties to this Matter, Plaintiff LIFE INSURANCE COMPANY OF NORTH AMERICA (“LINA”), and Defendants SONIA VERMA (“Verma”), Individually and as Guardian of A.M. and V.C. (MINORS); DEEPESH CHAUDHARY (“Deepesh”), as Trustee of the Bhuvnesh Chaudhary Separate Property Trust; and PALLAVI SIKARWAR (“Sikarwar”), as Guardian of S.C. (MINOR) (“the Defendants”) (collectively, “the Parties”), by their undersigned counsel, will and hereby do jointly move this Court for an Order allowing (1) LINA to deposit two checks representing the Policy Benefits and interest in this matter; and (2) payment to be distributed to the Defendants in accordance with their Settlement Agreement (hereinafter “the Joint Unopposed Motion”). The Joint Unopposed Motion is based on this Notice and the attached Motion and Memorandum of Points and Authorities in Support thereof. No Party opposes the Joint Unopposed Motion and a hearing is not necessary unless required by the Court.
Filer's Attestation - Local Rule 5-1. (i)(3)
The filing attorney attests that she has obtained concurrence regarding the filing of this document and its content from the signatories to this document.
I. INTRODUCTION
Interpleader Plaintiff LIFE INSURANCE COMPANY OF NORTH AMERICA (“LINA” and/or “Plaintiff-in-Interpleader”) and Interpleader Defendants SONIA VERMA (“Verma”), Individually and as Guardian of A.M. and V.C. (MINORS); DEEPESH CHAUDHARY (“Deepesh”), as Trustee of the Bhuvnesh Chaudhary Separate Property Trust; and PALLAVI SIKARWAR (“Sikarwar”), as Guardian of S.C. (MINOR) (“Interpleader Defendants”) (collectively the “Parties”), by and through their respective counsel, jointly move the Court for an Order allowing (1) LINA to deposit the replacement checks representing the Policy Benefits plus interest with the Court; and (2) Defendants to received their agreed upon share of the Policy Benefits plus interest in accordance with the terms of their settlement agreement.
The Parties previously requested, and the Court granted, an Order allowing LINA to deposit the checks, and to distribute the payments to the Defendants (“the original Order”) (Documents 27 and 28), however the checks were misplaced after being delivered to the court. LINA processed new checks. On or about May 23, 2024, counsel for LINA received the Replacement Checks from LINA and while the amounts are consistent with the original Order, the check numbers no longer matched and a new Order is necessary. Once the Court issues the new Order allowing for the deposit of the Replacement Checks, LINA will deliver them to the court to be deposited and then distributed, in accordance with the original Order.
In accordance with the previous Orders, LINA understands and believes that once the Replacement Checks are deposited, LINA will be discharged, released and dismissed from the Action. (Documents Nos. 28 and 26)
In addition, once Defendants receive their respective distributions, they will file a Joint Stipulation to Dismiss the Action with Prejudice and this matter will be concluded. (Document 28)
II. FACTUAL AND PROCEDURAL BACKGROUND
On or about May 23, 2024, counsel for LINA received the two replacement checks to be deposited into the Court Registry Investment System (“CRIS”) Disputed Ownership Fund (“DOF”) pursuant to 28 U.S.C. §1335 and Rule 67 of the Federal Rules of Civil Procedure: (1) Check No. 00257927 in the amount of Three Hundred Three Thousand Nine Hundred Ninety-Eight Dollars ($303,998.00), which represents the death benefit proceeds payable under life insurance policy number FLX 962455, less attorneys' fees and costs; and (2) Check No. 00257928 in the amount of Six Hundred Seventy-Nine Dollars and Eighty-Eight Cents ($679.88), which represents interest on the benefits (“the Replacement Checks”). While the amounts are consistent with the Order allowing LINA to deposit the original checks, the Replacement Checks have different check numbers than the Court's original Order, and a new Order is therefore necessary.
Once the Court issues a new Order, LINA will mail the Replacement Checks to the Clerk of the Court / Finance Department, U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102 to be deposited with the Court Registry Investment System (“CRIS”) Disputed Ownership Fund (“DOF”). LINA will notify the Court and the Defendants of the delivery, pursuant to the Court's direction. (Document 32)
Once the Replacement Checks are deposited, the Defendants request the Court to Order that payment be distributed as follows:
Policy Benefits: $303,998.00:
a. $9,426.00 to Sonia Verma (“Verma”) (3% x $452,000.00 = $13,560.00 - $4,134.00 fees and costs = $9,426.00)
b. $72,513.00 to Verma for V.C. (16.5% x $452,000.00 = $74,580.00 - $2,067.00 fees and costs = $72,513.00)
c. $72,513.00 to Verma for A.M. (16.5% of $452,000.00 = $74,580.00 - $2,067.00 fees and costs = $72,513.00)
d. $149,546.00 to Pallavi Sikarwar (“Sikarwar”) for S.C. (34% of $452,000.00 = $153,680.00 - $4,134.00 fees and costs = $149,546.00)
Interest: $679.88
a. $224.36 to Verma (33% x $679.88 = $224.36)
b. $112.18 to Verma for V.C. (16.5% x $679.88 = $112.18)
c. $112.18 to Verma for A.M. (16.5% of $679.88 = $112.18)
d. $231.16 to Sikarwar for S.C. (34% of $679.88 = $231.16)
The amounts are consistent with the Replacement Checks that LINA is prepared to deposit. The Parties agree that no Party will be prejudiced in the Court's granting of their Joint Unopposed Motion. Once completed, the Parties believe that the Action will be ready to be dismissed with prejudice.
III. CONCLUSION
Based on the above facts and authority, the Parties respectfully request the Court find sufficient good cause and grant their Joint Unopposed Motion and to issue an Order allowing LINA to deposit the Replacement Checks with the CRIS DOF; and once deposited, to distribute the Policy Benefits plus interest to the Defendants in accordance with their Settlement Agreement.
Filer's Attestation - Local Rule 5-1. (i)(3)
The filing attorney attests that she has obtained concurrence regarding the filing of this document and its content from the signatories to this document.
[PROPOSED] ORDER
The Court, having considered the Joint Unopposed Motion filed by the Parties in this Action, and finding good cause therefor, hereby Orders as follows:
(1) Plaintiff in Interpleader LIFE INSURANCE COMPANY OF NORTH AMERICA (“LINA”) shall deposit the Replacement Checks with the Court Registry Investment System (“CRIS”) Disputed Ownership Fund (“DOF”): (1) Check No. 00257927 in the amount of Three Hundred Three Thousand Nine Hundred Ninety-Eight Dollars ($303,998.00); and (2) Check No. 00257928 in the amount of Six Hundred Seventy-Nine Dollars and Eighty-Eight Cents ($679.88) (representing interest on the benefits) (“the Replacement Checks”).
(2) Once the Replacement Checks are deposited, payments shall be distributed to Defendants as follows:
Policy Benefits: $303,998.00:
a. $9,426.00 to Sonia Verma (“Verma”) (3% x $452,000.00 = $13,560.00 - $4,134.00 fees and costs = $9,426.00)
b. $72,513.00 to Verma for V.C. (16.5% x $452,000.00 = $74,580.00 - $2,067.00 fees and costs = $72,513.00)
c. $72,513.00 to Verma for A.M. (16.5% of $452,000.00 = $74,580.00 - $2,067.00 fees and costs = $72,513.00)
d. $149,546.00 to Pallavi Sikarwar (“Sikarwar”) for S.C. (34% of $452,000.00 = $153,680.00 - $4,134.00 fees and costs = $149,546.00)
Interest: $679.88
a. $224.36 to Verma (33% x $679.88 = $224.36)
b. $112.18 to Verma for V.C. (16.5% x $679.88 = $112.18)
c. $112.18 to Verma for A.M. (16.5% of $679.88 = $112.18)
d. $231.16 to Sikarwar for S.C. (34% of $679.88 = $231.16)
(3) Once the Replacement Checks are deposited, LINA shall be discharged, released and dismissed from the Action.
(4) Once Defendants receive their respective distributions, they shall file a Joint Stipulation to Dismiss the Action with Prejudice.
IT IS SO ORDERED.