Free Redacted Document - District Court of Delaware - Delaware

` Case 1:06-cv-00628-JJF Document 8 Filed 10/13/2006 Page 1 of 1
I
IN THE UNITED STATES DISTRICT COURT
A FOR THE DISTRICT OF DELAWARE
K
THRIVENT FINANCIAL FOR O 6 _ 6 2 8 W
i LUTHERANS, : C.A. No.
Interpleader Plaintiff Action in Statutory Interplcader
HEATHER L. ROOKS and JUDITH L. PUBLIC VERSION
I ROOKS as Trustee for REIQACTED : éi S,
audi nnnacran - e : g
F . . . cn gm.
Defendants. : E)- mpgs 2;
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1 MOTION FOR A PRELIMINARY AND PERMANENT HWJUNCTIONE:
` Plaintiff Thrivent Financial for Lutherans -("Thrivent"), by and through their under&"gned;°i§§§
counsel, hereby respectfully moves for a preliminary and thereafter permanent injunction in
Interpleader.
E The grounds for this motion are fully set forth in Plaintiffs Brief in Support of Order to
Show Cause Why Plaintiff Should Not Be Granted a Judgment in Interpleader and Awarded Its
_ = Costs and Reasonable Counsel Fees being tiled contemporaneously herewith.
n McCARTER & ENGLISH, LLP
By: Z
A. ichard Wine ster (DE Bar ID #2641)
919 North Market Street
Suite 1800
. P.O. Box 11 l
OF COUNSEL: Wilmington, DE 19899
(302) 984—6300
Robert P. Lesko, Equire
1\/IcCARTER & ENGLISH, LLP Attorneys for Plaintiff
~ Four Gateway Center - Thrivent Financial for Lutherans
100 Mulberry Street
· Newark, NJ 07102
(973) 622-4444 ‘ _
Dated: October 10, 2006 ·
· _ Mnnssszsm

é D Case 1 :06-cv-00628-JJF Document 8-2 Filed 10/13/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
_ FOR THE DISTRICT OF DELAWARE
U THRIVENT FINANCIAL FOR
LUTI-IERANS, : C.A. No. CX0 - QQ 8
Interpleader Plaintiff Action in Statutorynlnterpleader
V. PUBLIC VERSION
HEATHER L. ROCKS and JUDITH L. W _ ‘:
1 ROCKS as Trustee for REQACTEP 1 :p
1 and! mtnacrsn " ;
at " Defendants.
O R D E R
NOW BEFORE THE COURT HAVING CONSIDERED Plaintiffs’ Complaint in
Interpleader and Motion for a Preliminary and Permanent Injunction (D.I. _), this matter having
been opened to the Court by, Tlnivent Financial for Lutherans ("Thrivent”), by way of
application for preliminary restraints, and the Court having read the Verihed Complaint in
I _ I support hereof; and good cause appearing,
I IT IS on this day of October, 2006 ORDERED:
I I A. That defendants and each of them and their agents and attorneys, be and
they hereby are restrained and enjoined hom instituting or prosecuting any proceeding in any
State or United States Court with respect to Life Insurance Policy, number 23 06144 issued by
i _ Thrivent to Glenn I. Rocks, Sr. ("G1enn, Sr.") (hereinafter "the Policy”) until further notice of
this Court; and I . I
‘ - I - I ` I MEH5892534.1

U I Case 1:06-cv-00628-JJF Document 8-2 Filed 10/13/2006 Page 2 of 2
B. That defendants and each of them shall show cause before this Court at the
United States Courthouse, Wilmington, Delaware at o'clock on , 2006, why
plaintiff should not have judgment in interpleader requiring defendants to interplead and settle _
between themselves the rights tothe proceeds of the Policy, and plaintiff upon the payment of
said sum into the Registry of the Court be discharged from all liability to the defendants and each I
of them; and
E C. That at the same time and place defendants show cause why they and their
agents and attorneys should not be permanently restrained and enjoined from instituting or
prosecuting any proceeding in any state or United States Court with respect to said death -
I benefits; and
i D. At the same time and place the defendants show cause why plaintiff
should not recover its costs, including reasonable counsel fees, to be paid out ofthe fund in
I Court; .
E. That a copy of this Order and the Complaint, certified by the attorneys for
E plaintiff to be a true copy, be served on the defendants herein or their attorneys personally orby
i certitiedlmail, return receipt requested within _____ days of the date hereofi A
I I F. That opposing papers must be submitted and served on all parties by n
I , 2006; and
G. Reply papers must be submitted and served on all parties by
I , 2006.
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