AMENDED ORDER DISTRIBUTING INTERPLEADER FUNDS TO DFTS AND AWARDING PLA'S REASONABLE ATTORNEYS'S FEES AND COSTS by Hon. Earl H Carroll: granting motion to amend order dated 9/23/02 for distribution of interpleaded funds to dfts and for award of pla reasonable attorneys fees and costs by pla, dfts [22-1]; pla in interpleader, Transamerica Occidental Life Ins is to be awarded reasonable attorneys' fees and costs incurred in the sum of $4000, and the Clerk of the Court is to be ordered to pay such sums from the monies deposted with this Court in this case to Transamerica; Clerk of the Court to pay the remainder of the sums deposited with the Court (after the $4000 payment to Transamerica) to the claimant/dfts as follows; 1/2 of the remainder to dft MBS Corp; 1/2 of the remainder to dft Bank of America; if the remainder is an odd cent the odd cent to be included in Bank of America's 1/2 of the remainder; this action is dismissed with prejudice each party to bear its own costs and attorneys' fees with the excpetion of the monies set forth to be paid to Transamerica (cc: all counsel/finance) (former emp) Modified on 10/29/2002
JOINT MOTION to amend order dated 9/23/02 for distribution of interpleaded funds to dfts and for award of pla reasonable attorneys fees and costs by pla, dfts [22-1] (CMM)
21
Filed: 9/26/2002, Entered: 9/26/2002
Order
ORDER by Judge Earl H. Carroll granting stipulation for discharge of pla in interpleader by pla, dfts granting stipulation for distribution of interpleaded funds to dfts by pla, dfts, granting stipulation for attorney's fees and costs by pla, dfts, granting stipulation for permanent injunction as to dfts by pla, dfts, granting stipulation for dismissal of action with prejudice by pla, dfts; pla interpleader is to be awarded reasonable attorneys fees and costs incurred in the sum of $4,000.00 and the clerk of the court is to be ordered to pay such sums from the monies deposited with this court in this case to pla interpleader; pla interpleader is to be discharged from any and all further liability upon its policy of insurance at issue in this action (policy no. 92405330); the clerk of court is to pay such sums deposited with the court to the claimant/dfts as follows: dft MBS Corp. the sum of $57,000.00 and dft Bank of America the sum of $57,000.00; dfts mutually release and discharge each other from any and all further liability that arises out of the insurance policy at issue; the action is dismissed with prejudice, each party to bear its own costs and attorneys fees, with the exception of the monies set forth to be paid to pla interpleader (cc: all counsel,finance) (CMM)
20
Filed: 9/17/2002, Entered: 9/19/2002
Stipulation
STIPULATION for discharge of pla in interpleader by pla, dfts , for distribution of interpleaded funds to dfts by pla, dfts , for attorney's fees and costs by pla, dfts , for permanent injunction as to dfts by pla, dfts , and for dismissal of action with prejudice by pla, dfts (CMM)
19
Filed: 8/9/2002, Entered: 8/12/2002
Response
RESPONSE by pla Transamerica Occdntl to Bank of America's notice of settlement [17-1] (former emp)
18
Filed: 8/8/2002, Entered: 8/8/2002
Minute Order - Miscellaneous
MINUTE ORDER The parties having filed a Notice of Settlement, IT IS ORDERED vacating the 9/16/02 scheduling conference. (cc: all counsel) [18-2] (BAH)
17
Filed: 8/6/2002, Entered: 8/7/2002
Notice of Settlement
NOTICE OF SETTLEMENT filed by dft Bank of America NA as to the interpleader action between Bank of America and MBS Corp (former emp)
16
Filed: 7/24/2002, Entered: 7/24/2002
Order
ORDER by Judge Earl H. Carroll ; prel scheduling conf set for 9:45 9/16/02 ; Parties are directed to meet at least 14 days before the conference. Initial disclosures shall be made at or within 10 days after the meeting of the parties. Counsel shall file with the Court, not less than 7 days before the conference, a joint report reflecting the results of their meeting and outlining the discovery plan. (cc: all counsel) (former emp)
15
Filed: 7/12/2002, Entered: 7/15/2002
Answer to Crossclaim
ANSWER TO CROSSCLAIM [11-1] by cross-defendant Bank of America NA (former emp)
14
Filed: 6/24/2002, Entered: 6/24/2002
Minute Order - Miscellaneous
MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Honorable Earl H. Carroll for all further proceedings. (cc: all counsel/EHC/BH) [14-1] re: order (minute) [14-1] (MAP)
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Filed: 6/21/2002, Entered: 6/24/2002
Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
13
Filed: 6/13/2002, Entered: 6/13/2002
ADR-Miscellaneous
NOTICE: this case referred to Arbitration; removal from arbitration due 7/5/02 (cc: all counsel/BH/EHC) (MAP)
12
Filed: 6/7/2002, Entered: 6/10/2002
Answer
ANSWER to pla's complaint [1-1] by dft Bank of America NA (former emp)
11
Filed: 5/24/2002, Entered: 5/24/2002
Crossclaim
ANSWER to pla's complaint [1-1] AND CROSSCLAIM by dft MBS Corp against dft Bank of America NA (former emp)
10
Filed: 5/22/2002, Entered: 5/22/2002
Order
ORDER by Judge Earl H. Carroll granting motion by all parties for extension of time until 6/7/02 for dfts to answer to pla's complaint [6-1] (cc: all counsel) (former emp)
9
Filed: 5/20/2002, Entered: 5/21/2002
Other Notice
NOTICE by pla Transamerica Occdntl of acceptance of waiver of service on MBS Corp (see document #8) dated 5/13/02 (former emp)
8
Filed: 5/20/2002, Entered: 5/21/2002
Waiver of Service Executed
WAIVER of Service of summons and complaint upon dft MBS Corp ; waiver sent on 5/13/02 (former emp)
7
Filed: 5/20/2002, Entered: 5/21/2002
Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/complaint upon dft Bank of America NA, by service on Kristen Lowe on 5/7/02 (NC) (former emp)
STIPULATION by all parties for extension of time until 6/7/02 for dfts to answer to pla's complaint [6-1] (former emp)
5
Filed: 4/25/2002, Entered: 4/30/2002
Other Notice
NOTICE by pla Transamerica Occdntl of verification of deposit of funds with the court (former emp)
4
Filed: 4/4/2002, Entered: 4/5/2002
Other Notice
NOTICE by pla Transamerica Occdntl of deposit of funds with the Court and service of order on financial deputy per court order of 3/29/02 (former emp)
3
Filed: 3/29/2002, Entered: 3/29/2002
Order
ORDER by Judge Earl H. Carroll granting motion for leave to deposit funds with the Court [2-1], directing the Clerk of the Court to accept the check of Transamerica Occidental Life Insurance Company representing the life insurance benefits payable, plus interest, with respect to this interpleader action and to deposit said check into the Registry Account of the Court pursuant to 28:2041; FURTHER ORDERED granting motion for order to invest funds [2-2], pursuant to Rule 1.13, Rules of Practice of the United States District Court for the District of Arizona, that the Clerk of the Court and/or the Financial Deputy shall invest the funds so deposited in the Registry Account of this Court; FURTHER ORDERED granting motion for order for issuance of process to claimants/dfts [2-3], pursuant to 28:2361, that the Clerk of this Court shall issue its process directed to all Defendants, as claimants, which such process shall be addressed to and personally served where the claimants reside or may be found, if the Defendants do not agree to waiver of service under Rule 4(d), Fed. R. Civ.Proc.; FURTHER ORDERED, pursuant to 28:2361, that said claimants/Defendants, above-named, are hereby and herewith restrained from instituting or prosecuting any proceeding in any State or United States Court affecting the interpleaded property (cc: all counsel) (SAT)
MOTION for leave to deposit funds with the Court to by pla Transamerica Occdntl [2-1] , application for order to invest funds by pla Transamerica Occdntl [2-2] , for order for issuance of process to claimants/dfts and restraining them from instituting or prosecuting actions regarding impleaded property by pla Transamerica Occdntl [2-3] (former emp)
1
Filed: 3/22/2002, Entered: 3/25/2002
ADR-Miscellaneous
COMPLAINT filed. Considered for possible arbitration. (ESH)
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