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Prudential Insurance Co. of America v. Boyes

United States District Court, D. Nevada

April 4, 2019

The Prudential Insurance Company of America; Plaintiff
v.
Jarom T. Boyes; Martha Ferguson; Geraldine Boyes; the Estate of Elijah James Boyes; Caroline Gudknecht; Reuel Gaspar; and S.M.B., a minor, Defendants.

          E. BRENT BRYSON, LTD. E. BRENT BRYSON, ESQ. Attorney for Defendant

          Nicole M. True, Nevada Bar No. 12879 LEWIS ROCA ROTHGERBER CHRISTIE LLP, Attorneys for Plaintiff,

          Shasara May Boyes formerly named as S.M.B.a Minor, Estate of Elijah James Boyes, Carolyn Gudknecht, Reuel Boyes, erroneously named Reuel Gaspar, Pro se defendant, E. Bernt Bryson, Nevada bar no 4933, Attorneys for Defendant Jarom Boyes,

          Richarad S. Johnson Esq, Law office of Richarad Esq, Attorneys for Defendant Martha Ferguson

          STIPULATION

          RICHARD F BOULEWARE III, UNITED STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED AND AGREED by and between the parties as follows:

         That pursuant to FRCP 41(b)(2), Plaintiff The Prudential Insurance Company ("Prudential"), by and through its counsel Nicole True, Defendant/claimant Jarom T. Boyes, by and through his counsel E. Brent Bryson, Esq.; Defendant/claimant Martha Ferguson, by and through her counsel Richard Johnson, Esq. of the law office of Richard S. Johnson; Caroline Gudknecht, on behalf of the Estate of Elijah James Boyes; Shasara May Boyes (now a legal adult), formerly named as S.M.B, a minor; and Reuel Gaspar, in proper person, and files this stipulation and order to dismiss with prejudice their claims to any and all monies deposited with this Court, each party to bear their own attorney's fees and costs subject to the following:

         IT IS FURTHER STIPULATED AND AGREED that Default Judgment should be entered against the non-appearing Defendant, Geraldine Boyes;

         IT IS FURTHER STIPULATED AND AGREED that Prudential should be dismissed from this action, with prejudice and that all claims asserted or that could have been asserted by any party against Prudential relating to Melissa Boyes' Servicemembers' Group Life Insurance ("SGLI") coverage under the SGLI Plan (the "SGLI Coverage") and/or Jarom Boyes Family Servicemembers' Group Life Insurance ("FSGLI") coverage under the SGLI Plan (the "FSGLI Coverage") and/or any of the benefits previously due thereunder;

         IT IS FURTHER STIPULATED AND AGREED that Caroline Gudknecht, on behalf of the Estate of Elijah James Boyes; Shasara May Boyes, formerly named as S.M.B, a minor, a minor, hereby waive any claim to any insurance proceeds, including, but not limited to the $100, 000.00 Family Servicemembers Group Life Insurance (the "FSGLI Death Benefit") benefits due as a result of the death of Melissa Boyes.

         IT IS FURTHER STIPULATED AND AGREED that Reuel Gaspar, hereby waives any claim to any insurance proceeds, including, but not limited to the $100, 000.00 "FSGLI Death Benefit" due as a result of the death of Melissa Boyes.

         IT IS FURTHER STIPULATED AND AGREED that Martha Ferguson, hereby waives any claim to the $100, 000.00 "FSGLI Death Benefit" due as a result of the death of Melissa Boyes.

         IT IS FURTHER STIPULATED AND AGREED that the $100, 000.00 "FSGLI Death Benefit" be paid to Defendant/claimant Jarom T. Boyes, together with any applicable interest.

         IT IS FURTHER STIPULATED AND AGREED that Martha Ferguson, hereby waives any claim to the $400, 000.00 "SGLI Death Benefit" due as ...


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