Opinion
No. 14-cv-3787
01-07-2015
Re: The Northwestern Mutual Life Insurance Company v. Anthony Soma, Anthony De Nicola, Marie De Nicola, Michael Latella, and John Latella
Appearances: Sarah Lynn Blaine, Esq. D'Arcambral Ousley & Cuyler Burk LLP Parsippany Corporate Center, 3rd Floor Four Century Drive Parsippany, NJ 07054 David C. Stanziale, Esq. 552 High Mountain Road, Suite 3 North Haledon, NJ 07508 Jay I. Lazerowitz, Esq. 55 Harristown Road, 3rd Floor Glen Rock, NJ 07452 Louis J. Maione, Esq. 200 Central Park South, 27th Floor New York, NY 10019
Chambers of William H. Walls District Judge Martin Luther King Jr.
Federal Courthouse
50 Walnut Street
Newark, New Jersey 07102
NOT FOR PUBLICATION
LETTER OPINION AND ORDER ORIGINAL ON FILE WITH CLERK OF COURT
Appearances:
Sarah Lynn Blaine, Esq.
D'Arcambral Ousley & Cuyler Burk LLP
Parsippany Corporate Center, 3rd Floor
Four Century Drive
Parsippany, NJ 07054
David C. Stanziale, Esq.
552 High Mountain Road, Suite 3
North Haledon, NJ 07508
Jay I. Lazerowitz, Esq.
55 Harristown Road, 3rd Floor
Glen Rock, NJ 07452
Louis J. Maione, Esq.
200 Central Park South, 27th Floor
New York, NY 10019
Motion for Attorneys' Fees Dear Counsel:
This Court is in receipt of the motion by Plaintiff The Northwestern Mutual Life Insurance Company ("Northwestern Mutual") for an award of attorneys' fees and costs. Plaintiff's motion is granted in part. Plaintiff will be awarded S6.000 in attorneys' fees and costs.
FACTS AND PROCEDURAL BACKGROUND
Northwestern Mutual initiated this interpleader action and deposited $126,845 into the Court's registry, the rights to this amount being contested by the parties interpleaded. ECF No. 1. Northwestern Mutual now seeks $17,941.91 in attorneys' fees and costs. ECF No. 34.
DISCUSSION
Normally the Court would not grant attorneys' fees to Northwestern Mutual for initiating an interpleader action to resolve competing claims to a life insurance benefit. Travelers Indemnity Co. v. Israel, 354 F.2d 488, 490 (2d Cir. 1965); Guardian Life Ins. Co. v. Gilmore, No. 13-CV-2677 KMK, 2014 WL 4435438, at *7-8 (S.D.N.Y. Sept. 9, 2014); AIG Life Ins. Co. v. Rafferty, No. 07-CV-3099, 2008 WL 1959697, at *1 (E.D. Pa. May 6, 2008). However, because of the additional motion practice in this matter, the Court has determined that it is appropriate to award Plaintiff S6,000 in attorneys' fees and costs.
CONCLUSION
The Court grants Plaintiff 56,000 in attorneys' fees and costs, to be deducted from the funds deposited in the Court's registry. It is so ordered.
/s/_________
United States Senior District Judge