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Talcott Resolution Life and Annuity Co. v. Estate of Cote

United States District Court, D. Nevada

September 11, 2019

TALCOTT RESOLUTION LIFE AND ANNUITY COMPANY, Plaintiff,
v.
ESTATE OF JILL COTE, JESSICA SHEARER, JOIANNE MADRID AND DAVID COTE, Defendants. JESSICA SHEARER Cross-Claimant
v.
DAVID COTE Cross-Defendant. DAVID COTE Cross-Claimant
v.
JESSICA SHEARER, individually, and as coadministrator of the Estate of Jill Cote; JOIANNE MADRID, individually, and as co-administrator of the Estate of Jill Cote; the DAVID BINDRUP LAW FIRM, PLLC, a Nevada professional limited liability company; MATTHEW L. JOHNSON & ASSOCIATES, P.C., A Nevada professional corporation; DOES I through X, inclusive; and ROES I through X, inclusive. Cross-Defendants.

          Kristina N. Holmstrom, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C, Attorneys for Plaintiff Talcott Resolution Life and Annuity Company

          Matthew L. Johnson, Russell G. Gubler, Ashveen S. Dhillon, Attorneys for the Estate of Jill Cote; Jessica Shearer and Joianne Madrid, individually and as co-administrators of the Estate of Jill Cote; and Matthew L Johnson & Associates, P.C..

          Zachary D. Holyoak, Anthony L. Barney, Tiffany S. Barney, Zachary D. Holyoak, Attorneys for David Cote.

          Katie Bindrup, Katie Bindrup, Attorneys for David Bindrup Law Firm, PLLC.

          STIPULATION OF DISMISSAL AND ORDER

          GLORIA M. NAVARRO, DISTRICT JUDGE.

         Counsel for Plaintiff Talcott Resolution Life and Annuity Company (f/k/a Hartford Life and Annuity Company) (“Plaintiff” or “Talcott”) and Cross-Claimant, JESSICA SHEARER; Cross-Defendant, DAVID COTE; Cross-Claimant, DAVID COTE; and Cross-Defendants, JESSICA SHEARER, individually and as co-administrator of the Estate of Jill Cote, JOIANNE MADRID, individually and as co-administrator of the Estate of Jill Cote, the DAVID BINDRUP LAW FIRM, PLLC, a Nevada professional limited liability company, and MATTHEW L. JOHNSON & ASSOCIATES, P.C., A Nevada professional corporation, (collectively, the “Parties”), by and through their respective counsel, HEREBY STIPULATE AND AGREE as follows:

         1. The Parties have resolved all disputes, claims/crossclaims/counterclaims relating to the above captioned lawsuit;

         2. The Parties agree Talcott shall withhold $15, 000 from the annuity contracts, ending in No. 4162 and 4167 (the “Annuity Contracts”), (approximately currently valued at $163, 000) for reimbursement and full satisfaction of its attorney's fees and costs. The remaining balance of the Annuity Contracts shall be remitted directly to David A. Cote in a check made payable as follows:

David A. Cote Bene IRA of Jill L. Cote IRA TD Ameritrade Clearing Custodian

         3. The Parties and their agents hereby agree to dismiss, with prejudice, this lawsuit, including: any and all rights, claims, and causes of action between the Parties and their agents, whether known or unknown, that have been brought or could have been brought arising out of or in any way related to the Hartford/Talcott Annuity Contracts, any contested matter in the matter of the Estate of Jill Cote, No. P-17-092970-E, in the Eighth Judicial District Court of Nevada, and all cross-claims in the above-referenced case, between, among, and/or against the Parties, their officers, directors, attorneys, heirs, representatives, executors, successors, assigns, agents, employees, and other related parties;

         4. All Parties agree that they and their agents shall be hereby restrained from initiating any other action against Talcott Resolution for recovery of the proceeds of the Annuity Contracts or any part thereof;

         5. All other pending motions, petitions, or hearing dates concerning the claims between the Parties in this lawsuit are withdrawn and shall be otherwise vacated from the Court's calendar; and

         6. Unless otherwise set forth above in paragraph 2, the Parties shall bear ...


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