UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 10, 2010
LINCOLN FINANCIAL COMPANY, PLAINTIFF,
METROPOLITAN LIFE INSURANCE COMPANY, DEFENDANT.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
AND RELATED COUNTERCLAIM AND THIRD-PARTY CLAIMS.
ORDER GRANTING EX PARTE MOTION TO DEPOSIT LIFE INSURANCE BENEFITS INTO THE REGISTRY OF THE COURT; FOR ATTORNEYS' FEES; AND FOR DISCHARGE [doc. #50]
Defendant and counter/third-party plaintiff Metropolitan Life Insurance Company filed an ex parte motion to deposit plan benefits into the registry of the court, for attorneys' fees and for discharge. To date, no party has opposed the ex parte motion. For the reasons set forth in the ex motion, the Court finds good cause has been demonstrated. Accordingly, IT IS ORDERED:
1. GRANTING defendant and counter/third-party plaintiff Metropolitan Life Insurance Company's ex parte motion. The Clerk of the Court is to receive and deposit into the registry of the Court interpleaded funds of life insurance benefits ("Plan Benefits") payable under the Sempra Energy Group Health and Welfare Program (the "Plan") as a result of the death of Darrell Goggins, in the amount of $80,000, plus applicable interest, if any, and less $5,000 in attorneys' fees and costs to be retained by Metropolitan Life Insurance Company; and
2. ENJOINING plaintiff 1 Lincoln Financial Company and third-party defendants Cheyenne C. Rodriguez, individually and in her capacities as a Trustee of a Trust mentioned in the Beneficiary Form in question and as next friend of M. L. Goggins, D. S. Goggins and R. A. Goggins, the minor children of Darrell Goggins, Dana Goggins and Speer & Speer from instituting or prosecuting any action or proceeding in any State or United States Court against Metropolitan Life Insurance Company, Sempra Energy, San Diego Gas & Electric, and the Plan for the recovery or any relief for the Plan Benefits; and
3. DISMISSING WITH PREJUDICE Metropolitan Life Insurance Company from this action, and DISCHARGING WITH PREJUDICE Metropolitan Life Insurance Company, Sempra Energy, San Diego Gas & Electric, and the Plan from any further liability for the Plan Benefits arising under the Plan as a result of the death of Darrell Goggins.
IT IS SO ORDERED.
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