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Reliastar Life Insurance Co. v. Hafter

United States District Court, D. Nevada, Southern Division

October 2, 2019

RELIASTAR LIFE INSURANCE CO., Plaintiff,
v.
JACLYN R. HAFTER, INDIVIDUALLY AND AS TRUSTEE OF THE HAFTER FAMILY TRUST DATED JUNE 11, 2011, BRANDON PHILLIPS, AS TRUSTEE OF THE JACOB HAFTER TRUST DATED APRIL 17, 2018, THE UNITED STATES OF AMERICA, ACTING THROUGH THE INTERNAL REVENUE SERVICE, AND DOES 1-5 Defendants.

          HENRY C. DARMSTADTER Trial Attorney, Of Counsel NICHOLAS A. TRUTANICH United States Attorney Attorneys for the United States of America

          CARY COLT PAYNE Attorney for Defendant Brandon Phillips, as trustee of the Jacob Hafter Trust dated April 17, 2018

          ALEXANDER G. LEVEQUE STEVEN E. HOLLINGSWORTH Attorneys for defendant Jaclyn R. Hafter

          JOINT MOTION AND STIPULATION TO DISTRIBUTE INTERPLED FUNDS AND TO DISMISS UNITED STATES FROM ACTION WITH PREJUDICE

         All of the remaining parties, Jaclyn Hafter, individually and as Trustee of the Hafter Family Trust, dated June 12th, 2011; Brandon Phillips, individually, and as Trustee of the Jacob Hafter Trust, dated April 17, 2018; and the United States of America, on behalf of the Internal Revenue Service (“Parties”), by and through undersigned counsel, hereby submit the following Joint Motion and Stipulation to Distribute Funds in Interpleader Action.

         1. On June 27, 2018, the ReliaStar Life Insurance Company (“ReliaStar”) commenced this Interpleader Action [Compliant-ECF No. 1] with respect to Life Insurance Policy No. AD13700714 (“Policy”) issued on the life of Jacob L. Hafter with a death benefit in the amount of $5, 000, 000.

         2. By Order dated November 7, 2018 [ECF No. 26], the Court directed ReliaStar to deposit the death benefits less attorney fees, plus interest into the Court's Registry Account. Upon deposit of the death benefits, ReliaStar was discharged and dismissed with prejudice from this Interpleader Action.

         3. All of the Parties have now reached an agreement whereby certain funds in the Court Registry Account in this matter may be distributed in the following manner.

         4. The Parties request that the Clerk of Court be directed to disburse the amount of one-million seven hundred thousand dollars ($1, 700, 000.00) to the United States by check made payable to the United States Treasury (the “Tax Payment”) and sent by regular mail (USPS) to the United States Department of Justice ATTN: TAXFLU P.O. Box 310 - Ben Franklin Station Washington, D.C. 20044.

         5. Once the Tax Payment is disbursed, it is further stipulated and agreed that Defendant/Claimant THE UNITED STATES OF AMERICA shall be dismissed with prejudice, with each of the Parties agreeing to bear their own costs of litigation, including attorneys' fees, as they relate to the claims and defenses of THE UNITED STATES OF AMERICA.

         6. The Parties further request that the Clerk of Court be directed to disburse the amount of two-hundred and fifty thousand dollars ($250, 000.00) to Jodie Mandel (the “Mandel Settlement Payment”) by check made payable to her counsel, Rushforth Lee & Kiefer, LLP and mailed to Rushforth Lee & Kiefer, LLP at 1707 Village Center Circle, Suite 150, Las Vegas, Nevada 89134. The Mandel Settlement Payment is made pursuant to a settlement by and between Jodie Mandel, as beneficiary of the Jacob Hafter Trust, dated April 17, 2018, Jaclyn Hafter, Shann Winesett, as guardian ad litem of the Hafter children, and Brandon Phillips, as Trustee of the Jacob Hafter Trust, dated April 17, 2018.

         7. The Parties further request the Court hold all remaining funds until further order of the Court.

         ORDER

         NOW THEREFORE, based upon the above Stipulation between the Parties, this Court enters its Orders and Decrees as follows:

         IT IS HEREBY ORDERED that the Clerk of the Court shall release from the interpled funds being held in No. 2:18-cv-01166-APG-NJK the sum of one-million seven hundred thousand dollars ($1, 700, 000.00) to the United States (the “Tax Payment”) by check made payable to the United States Treasury and sent by regular mail (USPS) to the United States Department of Justice ATTN: TAXFLU P.O. Box 310 - Ben Franklin Station Washington, D.C. 20044; IT IS HEREBY ...


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