Western Reserve Life Assurance Co. of Ohio v. Daniel Duong et al
Filing
71
PARTIAL JUDGMENT IN FAVOR OF PLAINTIFF IN INTERPLEADER WESTERN RESERVE LIFE ASSURANCE CO. OF OHIO by Judge Jacqueline H. Nguyen. (bp)
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LAURA E. FANNON (SBN 111500)
Laura.Fannon@Wilsonelser.com
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415) 433-0990
Facsimile: (415) 434-1370
Attorneys for Plaintiff
WESTERN RESERVE LIFE
ASSURANCE CO. OF OHIO
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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DANIEL DUONG, XIAOLING SHI,
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AARON CHIH YUAN LEE, and NA
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SHEN,
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Defendants.
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AND RELATED CROSS-CLAIMS.
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WESTERN RESERVE LIFE
ASSURANCE CO. OF OHIO, an Ohio
corporation,
Case No.: 2:10-cv-07764-JHN -JCGx
PARTIAL JUDGMENT IN
FAVOR OF PLAINTIFF IN
INTERPLEADER WESTERN
RESERVE LIFE ASSURANCE
CO. OF OHIO
Hon. Jacqueline H. Nguyen
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[PROPOSED] PARTIAL JUDGMENT IN FAVOR OF PLAINTIFF IN INTERPLEADER WESTERN RESERVE LIFE
739949.1
Case No.: CV10-07764 JHN (JCGx)
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PARTIAL JUDGMENT
WHEREAS on September 1, 2011, this Court entered its Order on
Stipulation Dismissing, Discharging, and Releasing Western Reserve Life and
Awarding Attorneys’ Fees and Costs (Document No. 62), and in accordance with
said Stipulation (Document No. 51) and Order, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED:
1.
All proceeds of WESTERN RESERVE LIFE ASSURANCE CO. OF
OHIO (“WRL”) life insurance policy number 13298673 (“the Policy”) issued to
Donglei Shi (“the decedent”) have been fully interpleaded into the registry of this
Court with interest to the date of deposit;
2.
Defendants DANIEL DUONG (“Duong”) and XIAOLING SHI
(“Shi”) (jointly, “defendants”) shall not bring any additional action and shall
dismiss with prejudice any currently pending action, aside from the present one,
against WRL for recovery of benefits under the Policy that are payable by reason
of the decedent’s death;
3.
That, having deposited the Policy proceeds plus interest with the
Clerk of the Court, WRL, and its past, present and future parents, subsidiaries,
affiliates, assignees, predecessors, successors, agents, producers, employees,
officers, directors, attorneys and insurers are now discharged from any further
liability to defendants, and each of them, with respect to any matter related to the
Policy, any claim thereunder, or this action; provided, however, that neither Jing
Zhang nor Daniel Duong shall be considered agents, producers, or employees of
WRL or otherwise affiliated with WRL for purposes of this Order; and
4.
WRL is awarded its costs of suit incurred herein, including its
reasonable attorney’s fees, to be paid out of the funds that WRL has deposited
with the Clerk of the Court. The Clerk of this Court is directed immediately to
pay WRL its attorneys’ fees and costs in the stipulated amount of $25,000.00.
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[PROPOSED] PARTIAL JUDGMENT IN FAVOR OF PLAINTIFF IN INTERPLEADER WESTERN RESERVE LIFE
739949.1
Case No.: CV10-07764 JHN (JCGx)
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Payment shall be made to “Western Reserve Life Assurance Co. of Ohio” and the
check forwarded to its attorneys of record in this action.
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Dated: September 12, 2011
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Jacqueline H. Nguyen, Judge
United States District Court
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[PROPOSED] PARTIAL JUDGMENT IN FAVOR OF PLAINTIFF IN INTERPLEADER WESTERN RESERVE LIFE
739949.1
Case No.: CV10-07764 JHN (JCGx)
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