Opinion
8:20-cv-00474-JWH-KESx
12-28-2021
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Plaintiff, v. MARCO ALVAREZ, an individual; GEORGE BASQUEZ VARGAS, an individual; OLIVIA BASQUEZ ALVAREZ, an individual; and ROBERT BASQUEZ VARGAS, individually and as Executor of the Estate of Pricilla Alvarez, Defendants. MARCO ALVAREZ, an individual; Crossclaimant, v. GEORGE BASQUEZ VARGAS, an individual; OLIVIA BASQUEZ ALVAREZ, an individual; and ROBERT BASQUEZ VARGAS, individually and as Executor of the Estate of Pricilla Alvarez, Crossdefendants. ROBERT BASQUEZ VARGAS, individually and as Executor of the Estate of Pricilla Alvarez, GEORGE BASQUEZ VARGAS, an individual; and OLIVIA BASQUEZ ALVAREZ, an individual; Crossclaimants, v. MARCO ALVAREZ, an individual; Crossdefendant.
JUDGMENT
JOHN W. HOLCOMB UNITED STATES DISTRICT JUDGE
In accordance with the Order filed concurrently herewith, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED, ADJUDGED, and DECREED that judgment be entered as follows:
1. This Court possesses personal jurisdiction over the parties and possesses subject matter jurisdiction over the above-captioned action pursuant to 28 U.S.C. § 1332.
2. Plaintiff New York Life Insurance and Annuity Corporation was previously DISMISSED from this action.
3. Judgment in the above-captioned action is entered in FAVOR of Defendants, Crossdefendants, and Crossclaimants George Basquez Vargas, Olivia Basquez Alvarez, and Robert Basquez Vargas. Judgment in the above-captioned action is entered AGAINST Defendant, Crossclaimant, and Crossdefendant Marco Alvarez.
4. The Clerk of the Court is DIRECTED to release on January 31, 2022, or as soon as possible thereafter, to Defendant, Crossdefendant, and Crossclaimant Robert Basquez Vargas, in his capacity as the executor of the estate of Decedent Pricilla Basquez Alvarez, $19, 977.24 of the funds paid into the registry in connection with this action.
5. The Clerk of the Court is also DIRECTED to release on January 31, 2022, or as soon as possible thereafter, to Defendants, Crossdefendants, and Crossclaimants George Basquez Vargas, Olivia Basquez Alvarez, and Robert Basquez Vargas, in their respective individual capacities, in equal shares, $106, 276.14 of the funds paid into the registry in connection with this action, plus any accrued interest.
6. Other than potential post-judgment remedies (including those provided in Rule 54(d) of the Federal Rules of Civil Procedure), to the extent that any party requests any other form of relief, such request is DENIED.
IT IS SO ORDERED.