Free Stipulation of Dismissal - District Court of Connecticut - Connecticut

Case 3:02-cv-00889-EBB

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UNITED STATES DISTRICT COURT DISTRICT O F CONNECTICUT UNITED STATES O F AMERICA Plaintiff,
V.

Civil No. 3:01 CV 1515 (EBB)

$29,035,500 IN ACCOUNT NUMBER 20X6875(06), HELD IN T H E NAME O F U.S. CUSTOMS SUSPENSE ACCOUNT AT T H E FEDERAL RESERVE BANK O F NEW YORK, et al.
Defendants.
.........................................................

: :

UNITED STATES O F AMERICA Plaintiff,
V.

277 DLAMONDS VALUED AT APPROXIMATELY $2,461,093.00, et al.
Civil No. 3:02 CV 889 (EBB) Defendants.

STIPULATION OF DISMISSAL AND WITHDRAWAL OF CLAIMS BY PEOPLES BENEFIT LIFE INSURANCE COMPANY, VETERANS LIFE JNSURANCE COMPANY AND HUFF-COOK, INC.
Pursuant to Federal Rule of Civil Procedure 41(a)(l)(ii), the undersigned parties stipulate and agree that Peoples Benefit Life Insurance Company, Veterans Life Insurance Company, and Huff-Cook, Inc., shall be dismissed from this action with prejudice and without costs to any of the parties. This dismissal shall have no effect on the claims asserted by any other parties involved in the forfeiture proceedings or on any rights Peoples Benefit Life Insurance Company, Veterans Life Insurance Company, or

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Huff-Cook, Inc. may have as general unsecured creditors under the proofs of claims filed

in State o Tennessee, ex re1 Anne B. Pope v. Franklin American Lijie Insurance f
Company, Case No. 99- 1326-11 (Chancery Court of Davidson County, Tenn.) and Dale
v. First National Lijie Insurance Company, Case No. G99-908S2 (Chancery Court of

Hinds County, Miss.). Peoples Benefit Life Insurance Company, Veterans Life Insurance Company and Huff-Cook, Inc., through their attorneys, hereby withdraw their Verified Statements of Interest or Right filed with the Court on September 13,2001 and September 19,2001 asserting claims to the Currency Defendants $29,035,500 and $3,241,500.00 in Account No. 20X6875(06) and filed on April 10,2003 asserting claims to the Defendant 277 Diamonds valued at approximately $2,461,093.00, one pair of diam.ond earrings valued at approximately $50,120.00 and one diamond and platinum ring valued at approximately $25,935.00 (the "Defendant Properties"). Peoples Benefit Life Insurance Company, Veterans Life Insurance Company and Huff-Cook, Inc. have no objection to Plaintiff, United States of America, obtaining a Decree of Forfeiture forfeiting the Defendant Properties to the United States of America for disposition according to law.

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Dated: October -, 2007 PEOPLES BENEFIT LIFE INSURANCE COMPANY, VETERANS LIFE INSUMNCE COMPANY, HUFF-COOIC, INC.

Respectfully submitted,

-

David N. Rosen (00196) 7 , k 400 Orange Street New Haven, CT 06511 Telephone: (203) 787-3513 Telecopy: (203) 789-1605 O Counsel f Forrest B. Lammiman (CT 2 1508) Randall A. Hack (CT 14314) Brian I. Hays (CT 2 1601) LOCKE LORD, BISSELL & LIDDELL LLP 1 11 S. Wacker Drive Chicago, IL 60606 Telephone: (3 12) 443-0700 Facsimile: (3 12) 443-0336

V

RECEIVER CLAIMANTS KIM HOLLAND, COMMISSIONER OF INSURANCE FOR THE STATE OF OKLAHOMA, IN HER CAPACITY AS RECEIVER OF FARMERS AND RANCHERS LIFE INSURANCE COMPANY; AND JULIE BENAFIELD BOWMAN, COMMISSIONER OF INSURANCE FOR THE STATE OF ARKANSAS, IN HER CAPACITY AS RECEIVER OF OLD SOUTHWEST LIFE INSURANCE COMPANY

Douglas S. Skalka, Esq. Neubert, Pepe, Monteith 195 Church Street 13th Floor New Haven, CT 06510-2026 (203) 82 1-2000

UNITED STATES OF AMERICA

John Hughes Julie G. Turbert Assistant U.S. Attorney U.S. Attorney's Office 157 Church Street 23rd Floor New I-Iaven, CT 065 10 (203) 82 1-3700

LESLIE A. NEWMAN, COMMISSIONER OF COMMERCE AND INSURANCI; I:OR THE STATE OF 'TENNESSEE, IN f3ISR CAPACITY AS RECEIVER OF FRANKLIN AME:RICAN LIFE INSURAIVCE COMPANY Andrew B. Campbell, Esq. Graham Matherne, Esq.

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Dated: October - 2007 , PEOPLES BENEFIT LIFE INSUR4NCE COMPANY, VETERANS LIFE INSURANCE COMPANY, HUFF-COOK, INC. David N. Rosen (00196) 400 Orange Street New Haven, CT 06511 Telephone: (203) 787-3513 Telecopy: (203) 789-1605 O Counsel f Forrest B. Lammiman (CT 21508) Randall A. Hack (CT 14314) Brian I. Hays (CT 2 1601) LORD, BISSELL & BROOK LLP 111 S. Wacker Drive Chicago, IL 60606 Telephone: (3 12) 443-0700 Facsimile: (3 12) 443-0336

Respectfully submitted, RECEIVER CLAIMAhTTS KIM HOLLAND, COMMISSIONER OF INSURANCE FOR THE STATE OF OKLAHOMA, IN HER CAPACITY AS RECEIVER OF FARMERS AND RANCHERS LIFE INSURANCE COMPANY; AND JULIE BENAFIELD BOWMAN, COMMISSIONER OF INSURANCE FOR THE STATE OF ARKANSAS, IN HER CAPACITY AS RECEIVER OF OLD SOUTHWEST LIFE

13th Floor i New Haven, CT 065 10-2026 (203) 82 1-2000
UNITED STATES OF &MERICA

~ulie ~urbert G. Assistant U.S. Attorney U.S. Attorney's Ofice 157 Church Street 23rd Floor New Haven, CT 065 10 (203) 82 1-3700

LESLIE A. MEWMAN, COMMISSIOhTER OF COMMERCE AND INSURANCE FOR THE STATE OF TENNESSEE, IN HER CAPACITY AS RECEIVER OF FRANKLIN AMERICAN LIFE INSURANCE COMPANY Andrew B. Campbell, Esq. Graham Matherne, Esq.
3

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Dated: October -, 2007 PEOPLES BENEFIT LIFE INSURANCE COMPANY, VETERANS LIFE INSURANCE COMPANY, HUFF-COOIC, INC. David N. Rosen (00196) 400 Orange Street New Haven, CT 065 11 Telephone: (203) 787-3513 'relecopy: (2ij3j 789-1605 O Counsel f Forrest B. Lammiman (CT 21 508) Randall A. Hack (CT 14314) Brian I. Hays (CT 2 1601) LORD, BISSELL & BROOK LLP 111 S. Wacker Drive Chicago, IL 60606 Telephone: (3 12) 443-0700 Facsimile: (312) 443-0336

Respectfully submitted,

OKLAHOMA, IN HER CAPACITY AS RECEIVER OF FARMERS AND RANCHERS LIFE INSURANCE COMPANY; AND JULIE BEITAFIELD BOWMAN, CONIMISSIONER OF INSURANCE FOR THE STATE OF ARKANSAS, IN HER CAPACITY AS RECEIVER OF OLD SOUTHWEST LIFE INSURANCE COMPANY

Douglas S. Skalka, Esq. Neubert, Pepe, Monteith 195 Church Street 13th Floor New Haven, CT 06510-2026 (203) 82 1-2000

UNITED STATES OF AMERICA

John Hughes Julie G. Turbert Assistant U.S. Attorney U.S. Attorney's Office 157 Church Street 23rd Floor New Haven, CT 065 10 (203) 82 1-3700

LESLIE A. NEWMAN, COMMISSIONER OF COMMERCE AND INSURANCE FOR THE STATE OF TENNESSEE, IN HER CAPACITY AS RECEIVER OF FRANKLIN AMERICAN LIFE INSLWCE~ COMPANY

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RECEIVER CLAIMANTS KIM HOLLAND, COMMISSIONER OF INSURANCE FOR THE STATE OF

Andrew B. Campbell, Esq: Graham Matherne, Esq. Wyatt Tarrant & Combs 2525 West End Avenue Suite 1500 Nashville, TN 37203 (615) 244-0020

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GEORGE DALE, COMMISSIONER OF INSURANCE FOR THE STATE OF MISSISSIPPI, IN HIS CAPACITY AS RECEIVER OF FAMILY GUARANTY LIFE INS CO FIRST NATIONAL LIFE INSURANCE COMPANY OF AMERICA IN PROTECTIVE LIFE INS CO

Copeland, Cook, Taylor & Bush, P.A. 1062 Highland Colony Parkway Suite 200 P. 0 . Box 6020 Ridgeland, MS 391 57 DOUGLAS M. OMMEN, DIRECTOR OF MISSOURI DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGULATION, IN HIS CAPACITY AS LIQUIDATOR OF INTERNATIONAL FINANCIAL SERVICES LIFE INSURANCE COMPANY Douglas J. Schmidt, Esq. Blackwell Sanders Peper Martin, LLP 4801 Main Street Suite 1000 Kansas City, MO 641 12

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RECEIVER OF FAMILY GUARANTY LIFE INS CO FIRST NATIONAL LIFE INSURANCE COMPANY OF AMERICA FRANKLIN PROTECTIVE LIFE INS CO

Charles G. Copeland, Esq. Copeland, Cook, Taylor & Bush, P.A. 1062 Highland Colony Parkway Suite 200 P. 0. Box 6020 Ridgeland, MS 391 57 DOUGLAS M. OMMEN, DIRECTOR OF MISSOURI DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGULATION, IN HIS CAPACITY AS LIQUIDATOR OF INTERNATIONAL FINANCIAL SERVICES LIFE INSURANCE COMPANY

Douglas 5. Schmidt, Esq. Blackwell Sanders Peper Martin, LLP 4801 Main Street Suite 1000 Kansas City, MO 64 112

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