Opinion
Case No. 1:12-CV-01108-JLT
01-11-2013
UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine Corporation, Plaintiff, v. AMANDA ZIMMERMAN p/k/a AMANDA GUTIERREZ, an individual, et al., Defendants.
ORDER FOR PARTIAL DISMISSAL OF ACTION WITH PREJUDICE AND DISTRIBUTION OF FUNDS
(Doc. 34)
Before the Court is the stipulation of the parties (Doc. 34) in which they agree that:
1. Faced with the competing claims of the Defendants, UNUM filed its complaint in good faith and without any collusion with any of the parties hereto;
2. UNUM should be released, discharged and forever acquitted of and from any and all liability of any kind or nature whatsoever to any of the parties hereto on account of a) UNUM life insurance policy no. 132150 (the "Policy") issued to decedent Rafael Gutierrez' employer, Lehigh Hanson, Inc. as part of an employee benefit plan, b) the proceeds due and owing under the Policy, and c) the claims and issues in the above-captioned action.
3. UNUM should be reimbursed $5,813.80 to cover the reasonable amount of fees, costs and distributions incurred in bringing this action.
ORDER
Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:
1. UNUM is DISMISSED WITH PREJUDICE from this action. The parties will bear their own fees and costs except:
A. UNUM SHALL be reimbursed $5,813.80 to cover the reasonable amount of fees, costs and distributions incurred by it in bringing this action.
B. The Clerk of the Court is DIRECTED to pay this amount out of the funds interplead in this action. (Doc. 4) The amount SHALL be payable to "UNUM Life Insurance Company of America" and forwarded to UNUM's counsel of record, Daniel S. Imber, Imber Law Group, APC, 9454 Wilshire Boulevard, Penthouse, Beverly Hills, California 90212. IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE