Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00511-LPS Document 11 Filed 10/26/2007 Page 1 of 1
As1—1BY 8. GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
soo DELAWARE AVENUE 3°2`°°4-l°°°
FACSIMILE
F'. O. BOX II5O 3¤3-554-zoq7
WILMINGTON, DELAWARE 19899
October 26, 2007
The Honorable Leonard P. Stark VIA ELECTRONIC FILING
United States District Court & HAND DELIVERY
844 N. King Street
Wilmington, DE 19801
Re: The United States Lyfe Ins. C0. v. James R. Withmw and Myung Pham LeGro
C.A. No. 07-511 §***)
Dear Judge Stark:
Enclosed for Your Honor’s consideration is a proposed Stipulated Judgment and Order in
the above—referenced matter. As Your Honor may note, Defendant Myung Pham LeGro is not
represented by counsel. Based upon correspondence Ms. LeGro filed with the Court, further
correspondence I received from Ms. LeGro, and Ms. LeGro’s execution of the Stipulated
Judgment and Order, it appears that Ms. LeGro would like to settle this matter despite her
apparent belief that she has a bona fide claim to the proceeds of the life insurance policy at issue
in this matter.
Your Honor has scheduled a teleconference for Wednesday, October 31, 2007 at 2:00
p.m. to address Plaintiff The United State Life Insurance Company in the City of New York’s
Interpleader Complaint and Motion to Deposit Funds. While I cannot be sure of the other
parties’ intentions in light of the proposed Stipulated Judgment and Order, I have circulated dial-
in instructions to both Defendants for that call and am planning to participate in the scheduled
teleconference if Your Honor would still like to hold the teleconference.
We are grateful for the Court’s consideration of the proposed Stipulated Judgment and
Order and are available at the Court’s convenience should Your Honor have any questions.
Respectfully,
Carolyn S. ake (I.D. #3839)
Enclosure
cc: Clerk of the Court (via electronic filing)
Kevin A. Guerke, Esquire (via electronic mail; w/encl.)
Myung Pham LeGro (via federal express; w/encl.)
185185.1

Case 1:07-cv-00511-LPS Document 11-2 Filed 10/26/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THE UNITED STATES LIFE INSURANCE )
COMPANY IN THE CITY OF NEW YORK, )
Plaintiff, g
v. g C.A. No. 07-511 (***)
JAMES R. WITHROW and l
MYUNG PHAM LEGRO, )
Defendants. g
)
STIPULATED JUDGMENT AND ORDER
WHEREAS, on August 21, 2007, Plaintiff The United States Life Insurance Company in
the City of New York ("US Life"), filed this interpleader action pursuant to Fed. R. Civ. P. 22
and 28 U.S.C. § 1335 against Defendants James P. Withrow and Myung Pham LeGro in order to
obtain a Court determination as to the proper claimant to the life insurance benefits under the
combined basic and supplemental life insurance policy that US Life issued to Lisa P. Withrow in
the amount of $36,400.00 (the "Policy"); and
WHEREAS, US Life has been caused to expend approximately $1,425.00 in fees and
expenses in its attempt to determine which party was entitled to Ms. Withrow’s life insurance
benefits under the Policy (the "Proceeds"); and
WHEREAS, the parties have agreed to settle this action by agreeing to this form of
stipulated judgment (the "Stipulated Judgment"); and
WHEREAS, the parties consent to this Court’s entry of the Stipulated Judgment;
IT IS HEREBY STIPULATED, ORDERED, ADJUDGED AND DECREED that:

Case 1 :07-cv-00511-LPS Document 11-2 Filed 10/26/2007 Page 2 of 3
1. Judgment is hereby entered in favor of Defendant James P. Witl1row and against
Defendant Myung Pham LeGro.
2. US Life is entitled to reimbursement of costs and attorneys’ fees in the amount of
$1,425.00, which is to be paid out of the Proceeds.
3. US Life is directed to disburse the remaining Proceeds under the Policy,
amounting to $34,975.00, to James P. Withrow, solely.
4. US Life is hereby discharged from any and all claims relating to or concerning the
Policy and/or the Proceeds.
5. Defendant James P. Withrow and Defendant Myung Pham LeGro are
permanently enjoined from instituting any proceeding or action against US Life
relating to or concerning the Policy and/or the Proceeds.
6. The entry of this Stipulated Judgment shall constitute a final judgment in this
action, provided however that the Court shall retain jurisdiction over this matter
for the purpose of enforcing this Stipulated Judgment among the parties.
ASHBY & GEDDES SEITZ VAN OGTROP & GREEN P.A.
/s/ Carolyn S. Hake /s/ Kevin A. Guerke (#4096)

Carolyn S. Hake (#3839) 222 Delaware Avenue
500 Delaware Avenue, 8th F1. Suite 1500, Box 68
P.O. Box 1150 P.O. Box 68
Wilmington, DE 19899 Wilmington, DE 19899
(302) 654-1888 (302) 888-0600
Attorneys for United States Ly’e Insurance Attorneys for James P. Withrow
Company in the City of New York

Case 1:07-cv-00511-LPS Document 11-2 Filed 10/26/2007 Page 3 of 3
Myung Pham LeGro
X/bm E 1/
2018 ale dy Drive
Hemdon, Virginia 20170
Myung Pham LeGr0
Dated: October Q, 2007
SO ORDERED this day of , 2007.
United States Magistrate
184065.1

Case 1:07-cv-00511-LPS

Document 11

Filed 10/26/2007

Page 1 of 1

Case 1:07-cv-00511-LPS

Document 11-2

Filed 10/26/2007

Page 1 of 3

Case 1:07-cv-00511-LPS

Document 11-2

Filed 10/26/2007

Page 2 of 3

Case 1:07-cv-00511-LPS

Document 11-2

Filed 10/26/2007

Page 3 of 3