United States District Court, Eastern District of North Carolina, Western Division
December 5, 2014
METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff,
IVONNE L BETANCOURT and RAFAEL O. MOLINA, JR. Defendants, and RAFAEL. O. MOLINA, JR. Cross Claimant,
IVONNE I. BETANCOURT Cross Defendant.
James C. Fox Senior United States District Court Judge
NOW COME Rafeal O. Molina, Jr. ("Molina"), by and through counsel, and Ivonne I, Betancourt ("Betancourt") (collectively, "the Parties") and for the reasons set forth below consent to the Court's entry of this Consent Judgment.
WHEREAS the Parties have filed Competing claims to the proceeds of a life insurance policy administered by the Plaintiff, along with cross-claims against one another alleging defamation, and.
WHEREAS Plaintiff has deposited the proceeds of the policy at issue with the Court in the amount of ninety-three thousand four-hundred and forty eight dollars and forty three cents ($93, 448.43), and
WHEREAS Molina has been represented by counsel throughout this action and Betancourt has now conferred with counsel, and
WHEREAS the Parties wish to avoid the time, expense, and inconvenience of further litigating this: matter;
Ivonne L Betancourt K Rafael O. Molina
NOW THEREFORE, without trial of issues of fact or law and upon consent of Parties, the Court finds that there is good and sufficient cause to enter this Consent Judgment, and that it is therefore ORDERED, ADJUDGED, AND DECREED:
1. The Clerk of Court is ORDERED to disburse to Rafael O. Molina in care of McCoy, Wiggins, Cleveland, and O'Connor, PJLLC; as attorneys for Molina, the sum of $93, 448.43.
2. That Molina's cross-claims against Betancourt be dismissed with prejudice.
3. That Betancourt's cross-claims against Molina be dismissed with prejudice.
4. That each of the Parties will bear his or her own costs and fees.