Opinion
Case No. CV11-03652 PSG
10-17-2011
STATE FARM LIFE INSURANCE COMPANY, Plaintiff, v. JESSIE INGRAM and GARY INGRAM, Defendants.
Robert R. Pohls (California Bar #131021) Kenneth Perscheid (California Bar #120962) POHLS & ASSOCIATES Attorney for Plaintiff State Farm Life Insurance Company
Robert R. Pohls (California Bar #131021)
Kenneth Perscheid (California Bar #120962)
POHLS & ASSOCIATES
Attorney for Plaintiff
State Farm Life Insurance Company
STIPULATION AND ORDER RE ENTRY OF JUDGMENT IN INTERPLEADER
IT IS HEREBY STIPULATED, by and among plaintiff State Farm Life Insurance Company ("State Farm"), defendant Jessie Ingram and defendant Gary Ingram, that:
1. State Farm properly filed its Complaint in Interpleader herein, and this is a proper cause for interpleader;
2. By reason of the death of Maryse Ingram on or about April 22, 2011, the sum of $250,000.00 became payable under State Farm's iife insurance policy number LF-1967-3485 (the "Policy");
3. On or about June 11, 2011, State Farm paid fifty percent of the policy proceeds into the benefit management account of defendant Jessie Ingram.
4. Jessie Ingram and Gary Ingram each claim all or some portion of the remaining insurance proceeds that are payable under the Policy, and no other person or entity has made a claim to the remaining insurance proceeds;
5. Having deposited the sum of $126,181.33 (representing the remaining insurance proceeds plus interest) with the Clerk of this Court on July 26, 2011, State Farm and its agents be released, discharged and acquitted of and from any liability of any kind or nature whatsoever under the Policy;
6. State Farm be awarded the sum of $6,600.00 for its reasonable attorneys' fees and costs incurred in connection with this action, and the Clerk of this Court be directed pay such amount, from and out of the funds deposited herein, by check made payable to "State Farm Life Insurance Company" and delivered via first class mail to State Farm's attorneys of record;
7. Jessie Ingram and Gary Ingram be compelled to interplead or settle between themselves their respective rights or claims to the remaining insurance proceeds;
8. Upon the execution of this stipulation, the Court may enter a Stipulated Judgment in Interpleader in the form attached hereto and marked as Exhibit A; and
9. This stipulation may be executed in any number of counterparts, each of which may be an original, but all of which shall constitute one and the same instrument.
IT IS SO STIPULATED.
POHLS & ASSOCIATES
Rbbert R. Pohls
Attorneys for Plaintiff
State Farm Life Insurance Company
IT IS SO STIPULATED.
COMSTOCK, THOMPSON, KONTZ & BRENNER
Thornton Kontz
Attorneys for Defendant
Jessie Ingram
IT IS SO STIPULATED.
Jeffrey Boss hard
Attorney for Defendant
Gary Ingram
ORDER
IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
IT IS SO STIPULATED.
COMSTOCK, THOMPSON, KONTZ & BRENNER
Thornton Kontz
Attorneys for Defendant
Jessie Ingram
IT IS SO STIPULATED.
DATED: August 11, 2011
Jeffrey Boss hard
Attorney for Defendant
Gary Ingram
IT IS SO ORDERED.
ORDER
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UNITED STATES MAGISTRATE JUDGE