Opinion
CASE NO. CV 12-06200 RS
03-01-2013
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Plaintiff-in-Interpleader, v. INGA STILES, an individual; BRIAN ANTHONY GOMEZ, an individual; and DOES 1 through 20 inclusive, Defendants-in-Interpleader.
BARGER & WOLEN LLP J. RUSSELL STEDMAN BRENDAN V. MULLAN Attorney for Plaintiff-in-Interpleader NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION THE HERITAGE LAW GROUP, A.P.C. ROGER D. WINTLE JILL R. SCHACHTER Attorney for Defendant-in-Interpleader BRIAN GOMEZ BRADLEY, DRENDEL & JEANNEY WILLIAM C. JEANNEY JAMES ANDRE BOLES, CBA 141639 Attorney for Defendant-in-Interpleader INGA STILES
J. Russell Stedman (117130)
rstedman@bargerwolen.com
Brendan V. Mullan (267613)
bmullan@bargerwolen.com
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone: (415) 434-2800
Facsimile: (415) 434-2533
Attorneys for Plaintiff-in-Interpleader
NEW YORK LIFE INSURANCE and ANNUITY
CORPORATION
STIPULATION FOR DISMISSAL AND
DISCHARGE OF PLAINTIFF NEW
YORK LIFE INSURANCE AND
ANNUITY CORPORATION;
[PROPOSED] ORDER
Complaint Filed: December 6, 2012
The parties, by and through their respective counsel, stipulate as follows:
RECITALS
WHEREAS, New York Life Insurance and Annuity Corporation ("New York Life") issued a life insurance policy to Erica D. Kapany ("Kapany"), dated July 24, 2008 ("Policy");
WHEREAS, Kapany died on September 6, 2012;
WHEREAS, Defendants-in-Interpleader Inga Stiles and Brian Gomez each submitted a claim to New York Life for the proceeds of the Policy, and each makes claim to the entire Policy proceeds to the exclusion of the other;
WHEREAS, New York Life has at all relevant times admitted liability under the terms of the Policy, makes no claim to the Policy proceeds, and has been unable to determine the proper beneficiary in light of the Defendants-in-Interpleaders' competing claims;
WHEREAS, on December 6, 2012, New York Life filed this action-in-interpleader pursuant to F.R.C.P. 22, and deposited with the Court the full proceeds of the Policy with accrued statutory interest in the amount of $1,002,602.74;
WHEREAS, in its Complaint-in-Interpleader New York Life sought, among other things, to be discharged and dismissed from this action in order to terminate all actual or potential liability under the Policy and to recover its attorneys' fees and costs incurred in preparing and participating in this action;
WHEREAS, Defendants-in Interpleader on the one hand, and New York Life on the other, have reached a compromise and agreement for the dismissal and discharge of New York Life from this action.
STIPULATION
IT IS HEREBY STIPULATED BY AND BETWEEN COUNSEL OF RECORD FOR EACH OF THE PARTIES:
1. New York Life and its agents, attorneys and assigns are discharged of all liability with respect to or related to the Policy and this action;
2. New York Life is dismissed from this action with prejudice;
3. The Defendants-in-Interpleader, and each of them, their agents, attorneys and assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;
4. New York Life waives all claims to recovery of attorneys' fees and costs to be paid from the interpleaded funds or otherwise.
5. New York Life on the one hand, and Defendants-in-Interpleader on the other, shall bear their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to recovery of costs.
BARGER & WOLEN LLP
By: ____________________
J. RUSSELL STEDMAN
BRENDAN V. MULLAN
Attorney for Plaintiff-in-Interpleader
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
THE HERITAGE LAW GROUP, A.P.C.
By: ____________________
ROGER D. WINTLE
JILL R. SCHACHTER
Attorney for Defendant-in-Interpleader
BRIAN GOMEZ
BRADLEY, DRENDEL & JEANNEY
By: ____________________
WILLIAM C. JEANNEY
JAMES ANDRE BOLES, CBA 141639
Attorney for Defendant-in-Interpleader
INGA STILES
ORDER
GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED:
1. New York Life and its agents, attorneys and assigns are discharged of all liability with respect to or related to the Policy or this action;
2. New York Life is dismissed from this action with prejudice;
3. The Defendants-in-Interpleader, and each of them, their agents, attorneys and assigns, are enjoined perpetually, restraining each of them, their agents, attorneys and assigns, from instituting any suit at law or equity, or action of any kind whatsoever, against New York Life and its agents, attorneys and assigns, with respect to the Policy and/or the proceeds of the Policy;
4. New York Life shall not recover any attorneys' fees and costs from the interpleaded funds or otherwise in this action.
New York Life on the one hand, and Defendants-in-Interpleader on the other, shall bear their own costs, without prejudice to any claims as between Defendants-in-Interpleader as to recovery of costs.
_____________________________________
THE HONORABLE RICHARD SEEBORG
JUDGE, U.S. DISTRICT COURT