Opinion
Case No., 2:11-CV-00773-JAM-EFB
09-27-2011
PROTECTIVE LIFE INSURANCE COMPANY; Plaintiff, v. AR1C MILES CARLSON, an individual; RICHARD SVEN CARLSON, an individual; and DANIELLE WETZEL, an individual; Defendants. AND RELATED CROSS-COMPLAINTS
THE LAW OFFICE OF KEITH J. STATEN & ASSOCIATES Keith J. Staten, Esq. Attorney for DANIELLE WETZEL GIZZI & REEP, LLP Stephen Gizzi Esq. Attorneys for ARIC MILES CARLSON, RICHARD- SVRN CARLSON, DAVID SIKES, KIM BOUSSON and ANITA BRUSH
Stephen Gizzi, Esq. (SBN 227574)
Suzanne Foley Sprague, Esq. (SBN 213078)
Gizzi & Reep, LLP
Attorneys for Cross-Defendants ARIC MILES CARLSON, RICHARD SVEN CARLSON
DAVID SIKES, KIM BOUSSON and ANITA BRUSH
STIPULATION AND ORDER TO DISBURSE FUNDS
WHEREAS all other conditions of the Settlement Agreement executed by the parties to this action have been met, including payment in full of all fees to Plaintiff PROTECTIVE LIFE INSURANCE COMPANY as set forth below, and Pursuant to this Court's MINUTE ORDER entered on August 8, 2011 regarding sanctions, and its August 9, 2011 ORDER GRANTING MOTIONS TO DISMISS, and interpleaded funds having been deposited into an interest-bearing escrow account in a qualified, FDIC insured financial institution out of which Plaintiff PROTECTIVE LIFE INSURANCE COMPANY has been paid fees in the sum of $5,142, 50.00, IT IS SO ORDERED THAT:
1. The balance of remaining interpleaded funds, not including accrued interest, and after payment of $5,142.50.00 to Plaintiff PROTECTIVE LIFE INSURANCE COMPANY, is $494,857.50.
2. The $494,857.50 in remaining interpleaded funds plus all accrued interest is to be divided between Defendants/Cross-Defendants/Cross-Claimants AR1C MILES CARLSON, RICHARD SVEN CARLSON DAVID SIKES, KIM BOUSSON and ANITA BRUSH, by and through their attorneys, GIZZI & REEP, LLP, and Defendant/Cross-Claimant/Cross-Defendant DANIELLE WETZEL by and through her attorneys Keith J. Staten and KJS & ASSOCIATES as follows:
a. 85% of the total sum of the remaining balance of $494,857.50 plus the proportionate share of all accrued interest is to be made payable to "GIZZI & REEP, LLP IOLTA TRUST ACCOUNT," and mailed to Gizzi & Reep, LLP, 940 Adams Street, Suite A, Benicia, CA 94510;
b. 15% of the total sum of the remaining $494,857.50 plus the proportionate share of all accrued interest is to be made payable to "TRUST ACCOUNT FOR KEITH J. STATEN & ASSOCIATES," and mailed to Law Office of Keith J. Staten & Associates, 1023 H Street, Suite A, Sacramento, CA 95814.
IT IS SO ORDERED
Hon. John A. Mendez
J.S. District Court Judge
APPROVED AS TO FORM:
THE LAW OFFICE OF KEITH J. STATEN &
ASSOCIATES
Keith J. Staten, Esq.
Attorney for DANIELLE WETZEL
GIZZI & REEP, LLP
Stephen Gizzi Esq.
Attorneys for ARIC MILES CARLSON, RICHARD
SVRN CARLSON, DAVID SIKES, KIM
BOUSSON and ANITA BRUSH