United States District Court, W.D. Washington, Seattle
SYMETRA LIFE INSURANCE COMPANY, a Washington corporation, Plaintiff,
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.
Wright Tremaine LLP Attorneys for J.G. Wentworth
Originations, LLC By David A. Maas
Tuttle Campbell Attorneys for Symetra Life Insurance Company
By Medora A. Marisseau
Swanson & Cleveland, PLLC Attorneys for SOF Receivables
III, LLC By Susan Rae Fox
Schoener Bliss, PS Attorneys for Jasmine Dianne Durr Trust By
Jill E Bliss
STIPULATED MOTION REGARDING DISTRIBUTION OF
INTERPLEADER FUNDS AND DISMISSAL AND ORDER
HONORABLE RICHARD A. JONES UNITED STATES DISTRICT JUDGE.
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:
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.
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.
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.
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.
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 ...