Opinion
21-CV-5767 (RPK) (TAM)
06-01-2022
METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. ROSA MIRANDA et al., Defendants.
ORDER
RACHEL P. KOVNER UNITED STATES DISTRICT JUDGE
WHEREAS, on or about April 12, 2022, pursuant to a Court order, Interpleader Plaintiff Metropolitan Life Insurance Company ("MetLife") deposited tire sum of $28,000, plus any applicable interest (the "Interpleaded Funds"), into the Registry of tire Clerk of the Court (the "Clerk Registry") (see Mot. to Deposit Funds, ECF No. 13; Order on Mot. to Deposit Funds, ECF No. 24);
WHEREAS, on April 12, 2022, pursuant to Court orders, MetLife was discharged from liability as to the Interpleaded Funds, and MetLife was dismissed from this action (see Order Granting Interpleader Relief to Metropolitan Life Insurance Company, ECF No. 26); and
WHEREAS, on May 16, 2022, during a Court conference, Defendants Rosa Miranda, Baranaca Mercado (formerly known as Baranaca Harper), and St. Mary Star of the Sea and St. Gertrude Parish entered into an agreement to settle the case on the record before the Honorable Taryn A. Merkl, United States Magistrate Judge (see May 16, 2022 ECF Minute Entry and Order);
WHEREFORE, IT IS HEREBY ORDERED:
1. Pursuant to the parties' agreement to settle, 28 U.S.C. § 2042, and E.D.N.Y. Local Civil Rule 67.1, the Clerk of the Court shall release and disburse the Interpleaded Fluids currently on deposit with the Clerk Registry as follows:
a. Five Thousand Dollars ($5,000) in principal to "St. Mary Star of the Sea and St. Gertrude Parish," c/o Wingate, Kearney & Cullen LLP, Attn: Claire Steinman, Esq., Ill. Jolin Street, Suite 1040, New York, NY 10038;
b. Five Thousand Dollars ($5,000) in principal to "Rosa Miranda," at: 711 Seagirt Avenue, Apt. 14-C, Far Rockaway, NY 11691; and
c. Any and all leftover money and accrued interest on the total principal amount of the Interpleaded Funds (after any required fee has been applied, and tax withholdings have been deducted, in accordance with E.D.N.Y. Local Civil Rule 67.1(c)) to "Baranaca Mercado," at: 690 Albany Ave., Apt. 6B, Brooklyn, NY 11203.
2. The parties shall comply with all further directions of the Clerk of the Court as necessary to effect the release and disbursement of the Interpleaded Fimds, as set forth above.
3. Upon the release and disbursement of the Interpleaded Fimds, as set forth above, this action, including but not limited to all crossclaims, shall be dismissed in its entirety with prejudice, and the Clerk of the Court shall close this action.
SO ORDERED.