Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02154-BTM-NLS

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Filed 06/02/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED OF OMAHA LIFE INSURANCE COMPANY, Plaintiff-in-Interpleader, vs.

AGNES SURYAN, an individual; MANUAL R. PENA, as TRUSTEE of 16 the JANELLE M. ROGERS TRUST; DOES 1 ­ 10, inclusive,
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BARGER & WOLEN LLP
633 WEST FIFTH STREET FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800

Defendants-in-Interpleader.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO.: 07 CV 2154 BTM (NLS) ORDER AWARDING REASONABLE ATTORNEY'S FEES IN THE AMOUNT OF $3,700 TO PLAINTIFFIN-INTERPLEADER UNITED OF OMAHA LIFE INSURANCE COMPANY AND TO DISMISS IT WITH PREJUDICE; DISBURSING FUNDS; AND DISMISSING REMAINDER OF ACTION WITHOUT PREJUDICE

Having considered the Amended Joint Motion and stipulation of the parties, and good cause appearing, the Court ORDERS as follows: 1. United of Omaha is discharged with prejudice from all liability with

respect to all rights and obligations arising under or relating to life insurance policy number UO 1098559 issued to Janelle Rogers on or about June 17, 2000. 2. United of Omaha is dismissed from this action with prejudice.

Case 3:07-cv-02154-BTM-NLS

Document 20

Filed 06/02/2008

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BARGER & WOLEN LLP
633 WEST FIFTH STREET FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800

3.

United of Omaha is awarded its reasonable attorney's fees and costs of

Three Thousand Seven Hundred Dollars ($3,700.00), to be paid from the Interpled Funds currently on deposit with this Court. The Clerk shall issue a check in that amount made payable to Barger & Wolen LLP, and sent to Barger & Wolen LLP, 633 West Fifth Street, 47th Floor, Los Angeles, CA 90071, attention Martin E. Rosen, Esq. 4. United of Omaha waives and releases all of its rights with regard to the

Interpled Funds, other than its right to the attorney's fees and costs awarded in this Order or subsequently incurred. 5. The remaining fees on deposit with this Court are to be disbursed bythe

Clerk as follows: (a) 37,500 in a check made payable to Maual Pena, c/o Veljovich Law Group, 701 Palomar Airport Road, Ste. 300, Carlsbad, CA 92011. (b) The balance of funds on account in a check made payable to Agnes Suryan, c/o Harold Ayer, Esq., 3131 Camino Del Rio North, Suite 380, San Diego, CA 92108-5709. 6. All payees are directed to provide tax identification numbers or SSN as

required by the Court Clerk prior to disbursement. 7. The remainder of the action is dismissed without prejudice.

IT IS SO ORDERED.

Dated: June 2, 2008. By: _________________________________ HON. BARRY TED MOSKOWITZ JUDGE, UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF CALIFORNIA

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Case 3:07-cv-02154-BTM-NLS

Document 20

Filed 06/02/2008

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BARGER & WOLEN LLP
633 WEST FIFTH STREET FORTY-SEVENTH FLOOR LOS ANGELES, CA 90071 (213) 680-2800

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