UNUM Life Insurance Company of America v. Painter et al
Filing
24
STIPULATED SETTLEMENT ORDER DISMISSING CASE with prejudice signed by Judge Frank C. Damrell, Jr on 05/13/10. CASE CLOSED. (Williams, D)
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Mitchell S. Ostwald, Esq. (#127937) Anne Marie Flaherty, Esq. (#99665) LAW OFFICES OF MITCHELL S. OSTWALD 3001 I Street, Suite 300 Sacramento, California 95816 Telephone: (916) 388-5100 Fax: (916) 388-5134 Attorney for Defendants, Larry Painter and Ryan Painter UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO) ) ) ) ) Plaintiff, ) v. ) ) LARRY PAINTER, an individual; ) LEONARD ERMATINGER, an individual; ) and RYAN PAINTER, an individual, ) ) Defendants. ) ) ) ) UNUM LIFE INSURANCE COMPANY OF AMERICA, a Main Corporation, Defendants LARRY PAINTER CASE NO.: 2:09-CV-00732-FCD-EFB STIPULATED SETTLEMENT; ORDER PURSUANT TO STIPULATION FOR DISTRIBUTION OF INTERPLED FUNDS AND DISMISSAL OF ACTION
and
RYAN
PAINTER
("Painters")
and
Defendant LEONARD ERMATINGER ("Ermatinger") through their respective attorneys, agree and stipulate as follows: 1. On March 17, 2009 Plaintiff UNUM Life Insurance Company of
America ("UNUM") filed a complaint in interpleader naming the Painters and Ermatinger as Defendants. As part of UNUM's Complaint, funds in On December
the amount of $88,935.45 were deposited with the Court.
21, 2009 the parties entered into a Stipulation and Order for Partial
STIPULATED SETTLEMENT; ORDER PURSUANT TO STIPULATION FOR DISTRIBUTION OF INTERPLED FUNDS AND DISMISSAL OF ACTION- 1
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Dismissal of Action with Prejudice thereby dismissing UNUM from this action. The complaint arises out of a life insurance policy on
Jacqueline Painter, through her employer Conway, Inc. made a claim for the life insurance.
All parties
The parties wish to finally
settle and resolve all of these issues on the terms set forth in the Settlement Agreement and Release attached as Exhibit "A", the terms of which are incorporated in full into this Stipulation. 2. Pursuant to the Settlement Agreement and Release, the
parties stipulate that the entire amount of funds interpled and on deposit with the clerk in this matter be disbursed as follows: 1. The interpleader funds on deposit with the Court in
the amount of $88,935.45 plus any interest shall be disbursed in full to Defendant Larry Painter c/o his of attorney The Law Offices of Mitchell S. Ostwald. Said check shall be made payable to the Mitchell
S. Ostwald Trust Account FBO Painter. 2. Larry Painter shall make payment to Ermatinger in the
amount of Twelve Thousand Five Hundred Dollars ($12,500.00), payable within 10 days of receipt of the funds that are currently interplead with the court in this matter. DATED: May __, 2010 THE LAW OFFICES OF MITCHELL S. OSTWALD By:___/s/______________________ MITCHELL S. OSTWALD Attorney for Defendants Larry Painter and Ryan Painter ///
STIPULATED SETTLEMENT; ORDER PURSUANT TO STIPULATION FOR DISTRIBUTION OF INTERPLED FUNDS AND DISMISSAL OF ACTION- 2
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DATED:
May __, 2010
C. KRISTINE WHITE A PROFESSIONAL CORPORATION By:___/s/_______________________ C. KRISTINE WHITE Attorney for Defendant Leonard Ermatinger
ORDER GOOD CAUSE APPEARING, IT IS ORDERED THAT the entire amount of funds interpled and remaining on deposit with the clerk of the court in this matter be disbursed immediately as follows: 1. The interpleader funds on deposit with the Court in the
amount of $88,935.45 plus any interest shall be disbursed in full to Defendant Larry Painter c/o his of attorney The Law Offices of
Mitchell S. Ostwald.
Said check shall be made payable to the Mitchell
S. Ostwald Trust Account FBO Painter. 2. Larry Painter shall make payment to Ermatinger in the
amount of Twelve Thousand Five Hundred Dollars ($12,500.00), payable within 10 days of receipt of the funds that are currently interplead with the court in this matter. 3. That this matter be dismissed with prejudice and that all
matters pending before this court concerning this case are dropped from the court's calendar. IT IS SO ORDERED. DATED: May 13, 2010 ________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE
STIPULATED SETTLEMENT; ORDER PURSUANT TO STIPULATION FOR DISTRIBUTION OF INTERPLED FUNDS AND DISMISSAL OF ACTION- 3
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