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Metropolitan Life Insurance Co. v. Bro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 14, 2010

METROPOLITAN LIFE INSURANCE COMPANY, PLAINTIFF,
v.
ELIZABETH BRO; JEAN JONES; MARY CUNNINGHAM; TERESA KNIGHT; AND CARRIE ZUNICH, DEFENDANTS.

The opinion of the court was delivered by: Honorable Maria Elena James United States Magistrate Judge

NOTICE TO COURT AND PARTIES OF DEPOSIT OF FUNDS AND REQUEST FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER DISMISSING PLAINTIFF WITH PREJUDICE

TO THE COURT AND ALL PARTIES APPEARING HEREIN:

PLEASE TAKE NOTICE that pursuant to this Court's September 21, 2010 Order (ECF No. 21), on October 12, 2010, plaintiff Metropolitan Life Insurance Company ("MetLife") deposited with the Clerk of the Court for the United States District Court, Northern District of California, the sum of $39,710.01, which represents the total amount of the disputed insurance benefits payable under the Pacific Gas and Electric Company Employee Welfare Plan ("Plan") at issue in this action, with interest accrued thereon.

Accordingly, pursuant to this Court's September 21, 2010 Order, MetLife respectfully requests that the Court discharge MetLife, Pacific Gas and Electric Company, and the Plan from any further liability with regard to the $39,710.01 ("Plan Benefits"); restrain and enjoin all of the Defendants from instituting any action or proceeding in any state or United States court against MetLife, Pacific Gas and Electric Company, or the Plan for the recovery of Plan Benefits, by reason of the death of the Orlen Moore and that MetLife be dismissed with prejudice from this litigation.

SEDGWICK, DETERT, MORAN & ARNOLD LLP

DATED: October 14, 2010

Respectfully submitted,

Deposit of Funds and this Court's September 21, 2010 Order (ECF No. 21), the Court hereby Company Employee Welfare Benefit Plan are discharged from any further liability with regard to the life insurance benefits payable under the Pacific Gas and Electric Company Employee Welfare Plan as a consequence of the death of Orlen Moore; that the Defendants are restrained and enjoined from instituting any action or proceeding in any state or United States court against Welfare Benefit Plan for the recovery of life insurance benefits payable as a consequence of the death of Orlen Moore, and that Metropolitan Life Insurance Company is hereby dismissed with prejudice from this litigation.

DATED: October 14, 2010

Rebecca A Hull Erin A Cornell Attorneys for Plaintiff METROPOLITAN LIFE INSURANCE COMPANY

ORDER

Pursuant to plaintiff Metropolitan Life Insurance Company's ("MetLife") Notice of ORDERS that MetLife, Pacific Gas and Electric Company, and the Pacific Gas and Electric MetLife, Pacific Gas and Electric Company, or the Pacific Gas and Electric Company Employee.

IT IS SO ORDERED.

20101014

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