IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 20, 2010
UNUM LIFE INSURANCE COMPANY OF AMERICA, PLAINTIFF,
ALICIA IRENE SHAW, ET AL., DEFENDANTS.
By motion filed November 19, 2009, plaintiff sought the entry of a default judgment against defendant Porteous. On November 22, 2009, the undersigned issued an order directing defendant Porteous to file any opposition or statement of no opposition to plaintiff's motion for default judgment and directing plaintiff to serve a copy of the order upon defendant Porteous and file a proof of such service. Plaintiff complied with the court's order, defendant Porteous failed to file opposition and the motion was submitted for decision on December 26, 2009.
Before the undersigned issued findings and recommendations addressing the pending motion, on January 15, 2010, counsel for plaintiff filed a stipulation for dismissal of the entire action and for distribution of the interpleaded funds executed by plaintiff's counsel and defendants Alicia Shaw and Rodger Shaw. Submitted as an exhibit to the stipulation filed by plaintiff's counsel was a disclaimer and general release of any claim to the interpleaded funds bearing the notarized signature of defendant Porteous, dated December 18, 2009.*fn1
In light of the filing of the stipulation for dismissal of the entire action and for distribution of the interpleaded funds, and good cause appearing, IT IS HEREBY ORDERED that plaintiff's November 19, 2009, motion for default judgment against defendant Rachel Porteous (Doc. No. 22) is denied without prejudice as having been rendered moot.