Opinion
CASE No. 1:10 CV-01924 SMS
01-11-2012
PRIMERICA LIFE INSURANCE COMPANY, Plaintiff, v. JILL DAVILA, an individual, MAYCELLE DAVILA, an individual, Defendants. JILL DAVILA, an individual, Counter-Complainant, v. PRIMERICA LIFE INSURANCE COMPANY AND MAYCELLE DAVILA, Counter-Defendants.
John G. Michael #106107 Elisabeth F. Tietjen #258704 BAKER MANOCK & JENSEN, PC Attorneys for Defendant and Counter-Defendant Maycelle Davila David M. Gilmore, #105429 Jody L. Winter, #249592 GILMORE, WOOD, VINNARD & MAGNESS Attorneys for Defendant/Counterclaimant Jill Davila
John G. Michael #106107
Elisabeth F. Tietjen #258704
BAKER MANOCK & JENSEN, PC
Attorneys for Defendant and Counter-Defendant Maycelle Davila
David M. Gilmore, #105429
Jody L. Winter, #249592
GILMORE, WOOD, VINNARD & MAGNESS
Attorneys for Defendant/Counterclaimant Jill Davila
JOINT STIPULATION REGARDING RECEIPT OF INTERPLEADED FUNDS AND DISMISSAL OF ACTION
Judge: Hon. Sandra M. Snyder
IT IS HEREBY STIPULATED AND AGREED by and between Defendant and Counter-Complainant Jill Davila ("Jill") and Defendant and Counter-Defendant Maycelle Davila, ("Maycelle") by and through their respective counsel, as follows:
1. Counsel for Maycelle acknowledges receipt of $100,000 of the interpleaded funds by check made payable to Maycelle Davila.
2. Counsel for Jill acknowledges receipt of $100,000 of the interpleaded funds by check made payable to "Jill Davila or Gilmore, Wood, Vinnard & Magness Client Trust Account."
3. Counsel for Jill, on behalf of Gary L. Winter, counsel for the Larry Davila, Jr. Legacy Trust, also acknowledges receipt of the balance of the interpleaded funds by check made payable to the "Gary L. Winter, Inc. Client Trust Account FBO The Larry Davila, Jr. Legacy Trust."
4. All interpleaded funds have been properly distributed by the Court and the parties request that this case now be dismissed with prejudice.
BAKER MANOCK & JENSEN, PC
By: _____________
John G. Michael
Elisabeth F. Tietjen
Attorneys for Defendant and Counter
Defendant Maycelle Davila
GILMORE, WOOD, VINNARD & MAGNESS
By: __________
David M. Gilmore
Jody L. Winter
Attorneys for Defendant and Counter-Claimant
Jill Davila
ORDER
Having read the stipulation of the remaining parties in this case, and good cause appearing therefore:
IT IS HEREBY ORDERED:
1. That this case is dismissed in its entirety with prejudice;
2. That all court dates and/or deadlines set herein (Doc. 18), including the Pretrial Conference set 2/7/12 at 10:00 a.m. in Courtroom No. 1 before Judge Snyder (SMS), and the Trial set 3/20/12 at 9:00 a.m. in Courtroom No. 1 before Judge Snyder (SMS), are VACATED.
3. The Clerk's Office administratively close the file forthwith.
IT IS SO ORDERED.
Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE