Primerica Life Insurance Company v. Kelly Ann Porter et al
| Primerica Life Insurance Company |
| Lorna Boyd, Does, C. E. P., H. R. P., Charles L. Porter, Kelly Ann Porter and Patricia Porter |
| 2:2008cv03592 |
| January 14, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Charles F. Eick |
| A. Howard Matz |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Interpleader Action |
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Filing
58
MINUTES IN CHAMBERS before Judge A. Howard Matz: The EX PARTE APPLICATION to Enforce Settlement Agreement 57 . is DENIED WITHOUT PREJUDICE. They havefailed to establish sufficient reasons for proceeding ex parte rather than by way of noticed motion. In their Notice of the ex parte application, the Children requestedthat the application be converted into a regularly noticed motion in the event the Court deems it improper for them to proceed ex parte. The Court will therefore treat it as a notice d motion. The Court hereby ORDERS: (1) The Children shall file an unredacted copy of the settlement agreement in question (under seal, if necessary) by not later than 3/23/2009. (2) Lorna Boyd's opposition shall be filed by not later than 4/6/2009. The Childrens Reply shall be filed by not later than 4/13/2009. The motion willbe calendared for a hearing on 4/20/2009. (jp)
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Filing
49
ORDER RE: (1) DISCHARGE AND DISMISSAL WITH PREJUDICE; (2) AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF $16,756.47;(3) PERMANENT INJUNCTION by Judge A. Howard Matz re Stipulation for Discharge 48 of the parties, and good cause appearing, the court ORDERS that Primerica and its agents are discharged of all liability with respect tothe Policy or the proceeds of the Policy and are discharged with prejudice from all liability with respect to all rights and obligations ar ising under or relating to the Policy; That Defendants-in-Interpleader and each of them, their agents, attorneys or assigns, are enjoined. That Primerica is dismissed from this action with prejudice as to all claims relating to the Policy benefits an d policy insuring the life of the Deceased; and That Primerica is awarded its reasonable attorneys fees and costs in theamount of $16,756.47, which Primerica was forced to incur in bringing itsinterpleader action, and which amount is to be paid from the Interpled Fundscurrently on deposit with this Court. The Court, accordingly, finds that no specific Defendant-in-Interpleader is responsible for payment. (jp)
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