Opinion
SEDGWICK LLP MARK J. HANCOCK, REBECCA A. HULL, ERIN A. CORNELL, San Francisco, CA Attorneys for Plaintiff METROPOLITAN LIFE INSURANCE COMPANY
WILLIAM L. DUNBAR, Attorney at Law, Sacramento, CA. Attorney for Defendant EDNA G. LOPEZ
THE LAW OFFICE OF FRANK J. CRUM A Professional Corporation FRANK J. CRUM, Woodland, CA Attorneys for Defendants MICHAEL LITHGOW, JENISE K. LITHGOW, and SCHELENE LITHGOW
STIPULATION AND ORDER REGARDING DEPOSIT OF FUNDS WITH COURT, DISCHARGE OF STAKEHOLDER AND DISMISSAL OF ACTION WITH PREJUDICE
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff Metropolitan Life Insurance Company ("MetLife"), defendant Michael Lithgow ("Michael"), defendant Jenise K. Lithgow ("Jenise"), defendant Schelene M. Lithgow ("Schelene"), and defendant Edna Lopez ("Edna") hereby jointly submit the following Stipulation and [Proposed] Order for MetLife's deposit of funds with the Court into an interest-bearing account, pursuant to Federal Rule of Civil Procedure 67, and for the discharge of Metropolitan Life Insurance Company ("MetLife"), Pacific Gas and Electric Company Employee Welfare Plan 503 ("the Plan"), and Pacific Gas and Electric Company ("PG&E"):
Michael, Jenise and Schelene are collectively referred to herein as "the Lithgow Defendants".
WHEREAS, MetLife issued a group life insurance policy to Pacific Gas and Electric Company ("PG&E") to fund life and accidental death and dismemberment benefits under the Pacific Gas and Electric Company Employee Welfare Plan 503 ("the Plan"). The Plan is an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq., and is sponsored by PG&E.
WHEREAS, Scot Lithgow ("the Decedent") was a participant in the Plan. At the time of his death, the Decedent was enrolled under the Plan for Basic Life insurance coverage in the amount of TEN THOUSAND DOLLARS ($10, 000.00) and for Optional Life insurance coverage in the amount of TWO HUNDRED THIRTY SIX THOUSAND ($236, 000.00) for a total of TWO HUNDRED FORTY SIX THOUSAND ($246, 000.00) (the "Plan Benefits"). The Plan Benefits became payable upon the Decedent's death.
WHEREAS, the Decedent died on August 23, 2013.
WHEREAS, the Lithgow Defendants, on the one hand, and Edna, on the other hand, have competing claims for the Plan Benefits.
WHEREAS, MetLife is unable to determine the validity of the conflicting claims of the Lithgow Defendants and Edna, and therefore has not paid the Plan Benefits to either the Lithgow Defendants or to Edna.
WHEREAS, MetLife has no interest in the Plan Benefits.
NOW, THEREFORE, MetLife, the Lithgow Defendants and Edna, through their respective counsel of record herein, hereby stipulate and respectfully request that the Court order that MetLife may deposit the Plan Benefits with the Court to await distribution as the Court may order.
It is additionally stipulated that, once the Plan Benefits have been deposited, MetLife shall be discharged from this action and dismissed with prejudice, with each party bearing their own attorneys' fees and costs with respect to MetLife's participation in the Action.
It is further stipulated that, once the Plan Benefits have been deposited, the Lithgow Defendants and Edna shall be restrained and enjoined from instituting or prosecuting, directly or indirectly, any claim or action of any type or kind in any state or federal court against MetLife, the Plan and/or PG&E, arising from or in any manner connected with the Plan Benefits and/or their respective claims for payment of some or all of such Plan Benefits.
IT IS SO STIPULATED, AGREED AND RESPECTFULLY REQUESTED:
ORDER
Pursuant to the Stipulation above, it is ordered that:
1. Plaintiff Metropolitan Life Insurance Company ("MetLife") shall deposit TWO HUNDRED FORTY-SIX THOUSAND DOLLARS AND NO CENTS ($246, 000.00) plus any applicable interest ("the Plan Benefits") with this Court into an interest-bearing account. MetLife shall deposit said funds within thirty (30) days of the electronic filing of this Order.
2. Upon deposit of the Plan Benefits with the Court, Plaintiff MetLife, the Pacific Gas and Electric Company Employee Welfare Plan 503, and Pacific Gas and Electric Company shall be discharged from any further liability for payment of the Plan Benefits, and MetLife will then be dismissed with prejudice from this action. Each party shall bear their own attorneys' fees and costs with respect to MetLife's participation in the action.
IT IS SO ORDERED.