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METROPOLITAN LIFE INSURANCE COMPANY v. CHISHAM
October 4, 2005.
METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation, Plaintiff,
LEELA G. CHISHAM, an individual, and ALICE A. GREENWAY, an individual Defendants. AND RELATED CROSS-COMPLAINTS.
The opinion of the court was delivered by: MARIA-ELENA JAMES, Magistrate Judge
STIPULATION OF DISMISSAL OF INTERPLEADER COMPLAINT AND RELATED
ACTIONS WITH PREJUDICE AND [PROPOSED] ORDER
Plaintiff and Cross-Defendant Metropolitan Life Insurance
Company ("MetLife"), Defendant and Cross-Defendant Leela G.
Chisham ("Chisham"), and Defendant and Cross-Plaintiff Alice A.
Greenway ("Greenway") have reached a resolution of this matter
and Chisham and Greenway have agreed as to how the disputed life
insurance benefits at issue should be distributed. The parties
agree to dismiss this action in its entirety with prejudice,
including any related cross, counter and third party complaints,
pursuant to Fed.R.Civ.P. 41(a). Each party shall bear its own
fees and costs.
The parties seek the Court's approval of dismissal of this
action and any related actions with prejudice through the order
listed infra. The parties also request that the Court disburse
the funds deposited with the Court on April 8, 2005, in the
amount of Two Hundred Twenty-Six Thousand Four Hundred
Seventy-Three Dollars and Forty-Two Cents ($226,473.42), plus
interest, if any, in accordance with the terms agreed to by the
parties and as set forth in the order. A copy of the receipt
evidencing the funds deposited with the Court is attached hereto
as Exhibit 1. ORDER
Pursuant to the stipulation by the parties, IT IS SO ORDERED
1. The complaint in interpleader be dismissed with prejudice;
2. All related cross, counter and third party complaints be
dismissed with prejudice;
3. Defendants to receive their share of the disputed funds as
a. Alice A Greenway to receive Forty-Five Thousand Dollars
($45,000.00) made payable to the DuCharme & Cohen Attorney Client
b. Leela G. Chisham to receive the remainder of the funds and
interest deposited, totaling One Hundred Eighty-One Thousand Four
Hundred Seventy-Three Dollars and Forty-Two Cents ($181,473.42),
made payable jointly to Leela G. Chisham and her attorney, Rod
Moore. Interest, if any, from the account in which the
Interpleader funds were deposited with the Court on or around
April 8, 2005, shall also be paid to Leela G. Chisham and her
4. All parties are to bear their own fees and costs.
IT IS SO ORDERED. EXHIBIT 1 RECEIPT FOR PAYMENT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
SAN FRANCISCO, CA
UTICA, NY 135043016
Tender Type: CHECK
Receipt Total: $226,473.42
* Checks and drafts are accepted
subject to collections and full
credit will only be given when
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