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Symetra Life Insurance Company v. Jasmine Dianne Durr Trust

United States District Court, W.D. Washington, Seattle

December 11, 2019

SYMETRA LIFE INSURANCE COMPANY, a Washington corporation, Plaintiff,
v.
JASMINE DIANNE DURR TRUST, a Washington trust, by and through its representative, Guardian Services of Seattle; SOF RECEIVABLES III, LLC, a Delaware limited liability corporation; J.G. WENTWORTH ORIGINATIONS, LLC, a Nevada limited liability corporation, Defendants.

          Davis Wright Tremaine LLP Attorneys for J.G. Wentworth Originations, LLC By David A. Maas

          Karr Tuttle Campbell Attorneys for Symetra Life Insurance Company By Medora A. Marisseau

          Ryan, Swanson & Cleveland, PLLC Attorneys for SOF Receivables III, LLC By Susan Rae Fox

          Hart Schoener Bliss, PS Attorneys for Jasmine Dianne Durr Trust By Jill E Bliss

          STIPULATED MOTION REGARDING DISTRIBUTION OF INTERPLEADER FUNDS AND DISMISSAL AND ORDER

          THE HONORABLE RICHARD A. JONES UNITED STATES DISTRICT JUDGE.

         Plaintiff Symetra Life Insurance Company (“Symetra”), and defendants Jasmine Dianne Durr Trust (“Durr Trust”), SOF Receivables III, LLC (“SOF”), and J.G. Wentworth Originations, LLC (“JGW”) (collectively the “Parties”), by and through their counsel, hereby jointly stipulate to and request entry of the proposed order regarding distribution of the interpleader funds and dismissal of this action. In support of this stipulated motion, the Parties state as follows:

         1. Symetra initiated this action to resolve a dispute regarding a $133, 600 lump sum which amount, together with applicable interest has been deposited into the court's registry, (the “Interpleader Funds”) and which was payable under an annuity contract (the “Annuity”). As set forth in Symetra's second amended complaint, the Durr Trust, JGW, and SOF each asserted certain rights to portions of the Interpleader Funds. See Dkt. 5.

         2. SOF and JGW asserted rights with respect to the Interpleader Funds based on transfers of payment rights, in which each SOF and JGW paid sums of money to Ms. Jasmine Durr, the beneficiary of the Durr Trust (and original payee for the $133, 600 lump sum on the Annuity) in exchange for rights to the final payment on the Annuity.

         3. The Durr Trust asserted competing rights with respect to the Interpleader Funds arising from a sealed case in King County Superior Court, No. 98-4-00708-SEA. The Durr Trust asserted a counter-claim against Symetra and cross-claims against SOF and JGW. See Dkt. 9.

         4. The Parties reached a global agreement to settle this case and the attendant dispute over the rights to the Interpleader Funds. As part of that global settlement, the Parties' agreed that SOF and JGW will receive from the Interpleader Funds only the amounts that SOF and JGW each previously paid to Ms. Durr, with the remaining amount of the Interpleader Funds going to the Durr Trust. The Parties agreed to the following distribution of the Interpleader Funds and court registry accrued interest:

a. $52, 000.00 to SOF Receivables III, LLC, along with 39% of the court registry accrued interest, to repay the amount previously advanced to Ms. Durr;
b. $30, 000.00 to J.G. Wentworth, along with 22% of the court registry accrued interest, to repay the amount previously advanced to Ms. Durr;
c. $51, 600.00 to the Jasmine Durr Trust, along with 39% of the court registry accrued interest.

         5. J.G. Wentworth and SOF Receivables agree to pay the attorney fees and costs incurred by Symetra in this matter in the amount of $5, 954.12, with payment to Symetra within 5 ...


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