The Lincoln National Life Insurance Company v. Patterson et al, No. 2:2015cv00892 - Document 22 (D. Nev. 2016)

Court Description: ORDER Granting 21 Unopposed Joint Motion to Set Aside Order of Dismissal. Pursuant to the instant Joint Motion, the Court's 20 Stipulated Dismissal Order is set aside. The parties in this case will have until 04/19/2016, to file an amended Stipulation of Dismissal in this case. Signed by Chief Judge Gloria M. Navarro on 04/14/2016. (Copies have been distributed pursuant to the NEF - NEV)
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The Lincoln National Life Insurance Company v. Patterson et al Doc. 22 Case 2:15-cv-00892-GMN-PAL Document 21 Filed 04/05/16 Page 1 of 3 1 2 3 4 5 6 Richard I. Dreitzer Nevada Bar No. 6626 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone 702.727.1400 Facsimile 702.727.1401 Attorneys for Plaintiff, The Lincoln National Life Insurance Company 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, 11 12 13 14 v. Plaintiff, LINDA E. PATTERSON, J. JEFFRY DILL, MICHAEL GLEN PATTERSON, JOHN DOES and JANE DOES, CASE NO.: 2:15-cv-00892 JOINT MOTION OF THE PARTIES TO SET ASIDE ORDER OF DISMISSAL Defendants. 15 16 The parties in the above litigation, by and through their respective attorneys, hereby 17 respectfully submit this Joint Motion of the Parties to Set Aside this Court’s Order of Dismissal on 18 grounds that Plaintiff/Stakeholder The Lincoln National Life Insurance Company (“Lincoln”) 19 inadvertently filed the wrong Stipulation of Dismissal in the above matter. 20 In further support of this Joint motion, the parties state that this matter arises from the death 21 of John C. Patterson (the “Insured” or “Decedent”) on July 16, 2012, and the competing claims that 22 have been asserted as to the proceeds of his life insurance policy. The Decedent was originally 23 insured under a life insurance Policy Number 000974241 issued by the United Life and Accident 24 Insurance Company, predecessor in interest to Lincoln, in October, 1985, with a face amount of 25 $30,000.00 ( “the Policy Proceeds”). Defendants/Claimants, Linda E. Patterson, J. Jeffry Dill, and 26 Michael Glen Patterson (“Defendants/Claimants”) have submitted competing claims to Lincoln for 27 the Policy Proceeds. Lincoln is uncertain regarding the appropriate distribution of the Policy 28 Proceeds and has entered into a Release and Settlement Agreement with the Defendants/Claimants 935395v.1 Dockets.Justia.com Case 2:15-cv-00892-GMN-PAL Document 21 Filed 04/05/16 Page 2 of 3 1 for Lincoln to pay the Policy Proceeds, less Lincoln’s attorney’s fees, into an attorney IOLTA 2 account on behalf of the Defendants/Claimants. The parties have agreed to release Lincoln from any 3 and all claims related to the Policy Proceeds. 4 Pursuant to the Release and Settlement Agreement entered into by the parties, Lincoln filed a 5 Stipulation of Dismissal with Prejudice on March 23, 2016. The Court then entered an Order that 6 same day dismissing all pending claims and instructing the clerk to close the case. However, Lincoln 7 filed the incorrect Stipulation and inadvertently dismissed the claims between and among all the 8 parties, when the Stipulation was only supposed to release the Defendants/Claimant’s claims against 9 Lincoln. Therefore, the parties respectfully request an Order from the Court: 1) setting aside the 10 order of dismissal entered by the Court on March 23, 2016; and 2) allowing the parties to re-file a 11 corrected Stipulation of Dismissal with Prejudice dismissing only the Defendant’s/Claimant’s claims 12 against Lincoln attached as Exhibit A. 13 DATED this 5th day of April, 2016. 14 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 15 16 BY 17 18 19 20 /s/ Richard I. Dreitzer Richard I. Dreitzer Nevada Bar No. 6626 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone 702.727.1400 Facsimile 702.727.1401 Attorneys for Plaintiff 21 22 23 24 April 14, 2016 25 26 27 28 935395v.1 Page 2 of 3 Case 2:15-cv-00892-GMN-PAL Document 21 Filed 04/05/16 Page 3 of 3 CERTIFICATE OF SERVICE 1 2 Pursuant to FRCP 5(b), I certify that I am an employee of WILSON ELSER MOSKOWITZ 3 EDELMAN & DICKER, LLP and that on this 5th day of April, 2016, I did cause a true copy of the 4 forgoing document to be electronically transmitted to the Clerk of Court using the ECF System for 5 filing. 6 7 By 8 /s/ Naomi E. Sudranski An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 935395v.1 Page 3 of 3 Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 1 of 4 EXHIBIT A EXHIBIT A Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 2 of 4 1 2 3 4 5 6 Richard I. Dreitzer Nevada Bar No. 6626 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone 702.727.1400 Facsimile 702.727.1401 Attorneys for Plaintiff, The Lincoln National Life Insurance Company UNITED STATES DISTRICT COURT 7 8 9 DISTRICT OF NEVADA THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, 10 v. 11 12 13 Plaintiff, LINDA E. PATTERSON, J. JEFFRY DILL, MICHAEL GLEN PATTERSON, JOHN DOES and JANE DOES, 14 CASE NO.: 2:15-cv-00892 STIPULATION OF DISMISSAL WITH PREJUDICE AS TO PLAINTIFF THE LINCOLN NATIONAL LIFE INSURANCE COMPANY ONLY Defendants. 15 16 Plaintiff/Stakeholder, THE LINCOLN NATIONAL LIFE INSURANCE COMPANY 17 (hereinafter “Lincoln”), and Defendants, LINDA E. PATTERSON, J. JEFFRY DILL, and 18 MICHAEL GLEN PATTERSON (“Defendants”) hereby agree and stipulate, pursuant to Rule 19 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, that any and all claims of the Defendants 20 21 22 23 24 25 26 //// 27 //// 28 5944244v.1 Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 3 of 4 1 against Lincoln be dismissed with prejudice, and with each party bearing their own costs, attorneys’ 2 fees and expenses. 3 Dated this 5th day of April, 2016 Dated this 5th day of April, 2016 4 CREED & GILES 5 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6 /s/ Richard I. Dreitzer /s/ Jerrold E. Creed 7 Richard I. Dreitzer, Esq. Nevada Bar No. 6626 300 South 4th Street, 11th Floor Las Vegas, NV 89101 (702) 727-1400; FAX (702) 727-1401 Attorney for Plaintiff THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Jerrold E. Creed, Esq. Nevada Bar No. 11094 520 South 7th Street, Suite D Las Vegas, NV 89101 Attorney for Defendant LINDA E. PATTERSON 8 9 10 11 12 13 14 Dated this 5th day of April, 2016 PHILLIPS BALLENGER 15 /s/ Christopher J. Phillips 16 Christopher J. Phillips, Esq. Nevada Bar No. 8224 3605 S. Town Center Dr., Suite B Las Vegas, NV 89135 Attorney for Defendants J. JEFFRY DILL and MICHAEL GLEN PATTERSON 17 18 19 20 21 22 23 24 25 26 27 28 5944244v.1 Page 2 of 3 Case 2:15-cv-00892-GMN-PAL Document 21-1 Filed 04/05/16 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 Pursuant to FRCP 5(b), I certify that I am an employee of WILSON ELSER MOSKOWITZ 3 EDELMAN & DICKER, LLP and that on this ____ day of ________________, 2016, I did cause a 4 true copy of the forgoing document to be electronically transmitted to the Clerk of Court using the 5 ECF System for filing. 6 By 7 An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5944244v.1 Page 3 of 3