Opinion
Case No. C 05-01434 MEJ.
October 4, 2005
Lawrence E. Butler, Robin M. Cleary, San Francisco, California, SEYFARTH SHAW LLP, Attorneys for Plaintiff and Cross-Defendant, METROPOLITAN LIFE INSURANCE COMPANY.
Rod Moore, Petaluma, California.
Michael Dietrick, San Rafael, California, Attorneys for Defendant and Cross-Defendant, LEELA G. CHISHAM.
DU CHARME COHEN, James A. Du Charme, San Francisco, California, Attorneys for Defendant and Cross-Plaintiff, ALICE A. GREENWAY.
STIPULATION OF DISMISSAL OF INTERPLEADER COMPLAINT AND RELATED ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER
Plaintiff and Cross-Defendant Metropolitan Life Insurance Company ("MetLife"), Defendant and Cross-Defendant Leela G. Chisham ("Chisham"), and Defendant and Cross-Plaintiff Alice A. Greenway ("Greenway") have reached a resolution of this matter and Chisham and Greenway have agreed as to how the disputed life insurance benefits at issue should be distributed. The parties agree to dismiss this action in its entirety with prejudice, including any related cross, counter and third party complaints, pursuant to Fed.R.Civ.P. 41(a). Each party shall bear its own fees and costs.
The parties seek the Court's approval of dismissal of this action and any related actions with prejudice through the order listed infra. The parties also request that the Court disburse the funds deposited with the Court on April 8, 2005, in the amount of Two Hundred Twenty-Six Thousand Four Hundred Seventy-Three Dollars and Forty-Two Cents ($226,473.42), plus interest, if any, in accordance with the terms agreed to by the parties and as set forth in the order. A copy of the receipt evidencing the funds deposited with the Court is attached hereto as Exhibit 1.
ORDER
Pursuant to the stipulation by the parties, IT IS SO ORDERED that:1. The complaint in interpleader be dismissed with prejudice;
2. All related cross, counter and third party complaints be dismissed with prejudice;
3. Defendants to receive their share of the disputed funds as follows:
a. Alice A Greenway to receive Forty-Five Thousand Dollars ($45,000.00) made payable to the DuCharme Cohen Attorney Client Trust; and
b. Leela G. Chisham to receive the remainder of the funds and interest deposited, totaling One Hundred Eighty-One Thousand Four Hundred Seventy-Three Dollars and Forty-Two Cents ($181,473.42), made payable jointly to Leela G. Chisham and her attorney, Rod Moore. Interest, if any, from the account in which the Interpleader funds were deposited with the Court on or around April 8, 2005, shall also be paid to Leela G. Chisham and her attorney.
4. All parties are to bear their own fees and costs.
IT IS SO ORDERED.
EXHIBIT 1
RECEIPT FOR PAYMENT UNITED STATES DISTRICT COURT for the
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO, CA
3371118 ________________________________ RECEIVED FROM: MET-LIFE POB 3016 UTICA, NY 135043016 _________________________________
Case Number: 3:05CV01434-MEJ _________________________________ F/U/B/O:
Party ID:
Tender Type: CHECK 05-604700 $226,473.42
Registry Funds
Remarks:1413234 _________________________________ Subtotal: $226,473.42 _________________________________
Receipt Total: $226,473.42 ================================= * Checks and drafts are accepted subject to collections and full credit will only be given when the check or draft has been accepted by the financial institution on which it was drawn.
Date: 4/8/05 Clerk: _______________________