New York Life Insurance Company v. John D. Nguyen et al
Filing
29
JUDGMENT AND ORDER by Judge R. Gary Klausner ON THE STIPULATION of Parties For Discharge and Dismissal With Prejudice of Plaintiff New York Life Insurance Company, For Award of Its Reasonable Attorneys' Fees and Costs; For Pemanent Injunction; A nd For Disbursement of Interpled Funds to Claimants John D. Nguyen, Bjor L. Burkland, Margaret L. Burklund and Dale C. Burklund 27 . It Is Ordered, Adjudged and Decreed that New York Life be discharged of any and all liability with respect to the P olicy. That Decedent's Parents, Decedent's Sister, Nguyen, and each of them, be enjoined perpetually. That New York Life be awarded the sum of $14,339.27 as its reasonable attorneys' fees and costs incurred in this action, to be deducted from the Interpled Funds. That New York Life be dismissed from this action with prejudice. That John D. Nguyen be awarded an amount equal to 70% of the amount of Interpled Funds remaining after payment of New York Life's reasonabl e attorneys fees and costs. Decedent's sister, Bjor L. Burklund, shall be awarded an amount equal to 15% of the Interpled Funds remaining after payment of New York Life's reasonable attorneys' fees and costs. Decedent's parents, Dale C. Burklund and Margaret L. Burklund, shall be awarded an amount equal to 15% of the Interpled Funds remaining after payment of New York Life's reasonable attorneys' fees and costs. (MD JS-6. Case Terminated) (mg)
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John C. Holmes (120578), jholmes@barwol.com James C. Castle (235551), jcastle@barwol.com 2 BARGER & WOLEN LLP 633 West Fifth Street, 47th Floor 3 Los Angeles, California 90071 Telephone: (213) 680-2800 4 Facsimile: (213) 614-7399
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BARGER & WOLEN LLP
633 W. FIFTH ST. FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800
Attorneys for Plaintiff New York Life Insurance Company UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NEW YORK LIFE INSURANCE ) COMPANY, a New York corporation,, ) ) Plaintiff, ) ) vs. ) ) JOHN D. NGUYEN, an individual; ) MARGARET L. BURKLUND, an ) individual; DALE C. BURKLUND, an ) individual; BJOR L. BURKLUND, an ) individual; MICHAEL K. WATSON, ) an individual; and DOES 1 through 10, ) inclusive,, ) ) Defendants. ) ) ) ) ) CASE NO.: CV 08-05375 RGK (PLAx) [PROPOSED] JUDGMENT AND ORDER ON THE STIPULATION OF PARTIES FOR DISCHARGE AND DISMISSAL WITH PREJUDICE OF PLAINTIFF NEW YORK LIFE INSURANCE COMPANY, FOR AWARD OF ITS REASONABLE ATTORNEYS' FEES AND COSTS; FOR PERMANENT INJUNCTION; AND FOR DISBURSEMENT OF INTERPLED FUNDS TO CLAIMANTS JOHN D, NGUYEN, BJOR L. BURKLUND, MARGARET L. BURKLUND AND DALE C. BURKLUND Complaint Filed: August 15, 2008
JS-6
cc: Fiscal (funds on deposit)
c:\temp\notesfff692\proposed order discharge and disbursement.doc
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BARGER & WOLEN LLP
633 W. FIFTH ST. FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800
[PROPOSED] JUDGMENT AND ORDER Having considered all the documents on file in this action, including the stipulation of the parties who have appeared in this action, and good cause appearing, it is ordered, adjudged and decreed that: 1. That New York Life be discharged of any and all liability with respect to the Policy, the Policy Benefits, and any and all rights and obligations arising under or relating to the Policy; 2. That Decedent's Parents, Decedent's Sister, Nguyen, and each of them, their predecessors, successors, heirs, agents, assigns or attorneys, be enjoined perpetually, restraining each of them, their predecessors, successors, heirs, agents, assigns or attorneys, from instituting any suit at law or equity, or action of any kind whatsoever, against New York Life with respect to the Policy, the Policy Benefits or any and/or all rights and obligations arising under or relating to the Policy; 3. That New York Life be awarded the sum of $14,339.27 as its reasonable attorneys' fees and costs incurred in this action, to be deducted from the Interpled Funds, to be made payable via a check to "New York Life Insurance Company" and to be mailed to his counsel of record in this action (Barger & Wolen LLP); 4. That New York Life be dismissed from this action with prejudice; 5. That Nguyen be awarded an amount equal to 70% of the amount of
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BARGER & WOLEN LLP
633 W. FIFTH ST. FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800
Interpled Funds remaining after payment of New York Life's reasonable attorney fees and costs and that the award be satisfied by a check payable to "John D. Nguyen" and mailed to his counsel of record in this action (Marshall A. Oldman); 6. Decedent's Sister shall be awarded an amount equal to 15% of the Interpled Funds remaining after payment of New York Life's reasonable attorney fees and costs and that the award is satisfied by a check payable to "Bjor L. Burklund" and mailed to her counsel of record in this action (Sommers & Sommers); and 7. Decedent's Parents shall be awarded an amount equal to 15% of the Interpled Funds remaining after payment of New York Life's reasonable attorney fees and costs and that the award is satisfied by a check payable to "Dale C. Burklund and Margaret L. Burklund" and mailed to their counsel of record in this action (Sommers & Sommers). IT IS SO ORDERED. Date: November 19, 2008 ___________________________________ THE HONORABLE R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE
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