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UNUM Life Insurance Company of America v. Painter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO)


May 13, 2010

UNUM LIFE INSURANCE COMPANY OF AMERICA, A MAIN CORPORATION, PLAINTIFF,
v.
LARRY PAINTER, AN INDIVIDUAL; LEONARD ERMATINGER, AN INDIVIDUAL; AND RYAN PAINTER, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

STIPULATED SETTLEMENT; ORDER PURSUANT TO STIPULATION FOR DISTRIBUTION OF INTERPLED FUNDS AND DISMISSAL OF ACTION

Defendants LARRY PAINTER 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 the amount of $88,935.45 were deposited with the Court. On December 21, 2009 the parties entered into a Stipulation and Order for Partial 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. All parties made a claim for the life insurance. 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: MITCHELL S. OSTWALD Attorney for Defendants Larry Painter and Ryan Painter

DATED: May __, 2010

C. KRISTINE WHITE A PROFESSIONAL CORPORATION By: 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.

20100513

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