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Greenwell v. Greenwell Order on Stipulation

Case No. CIV-S-04-2205 MCE GGH Page 1

UNITED STATES DISTRICT COURT 

Eastern District of California

Adeline S. Greenwell, an individual )

)

Plaintiff, )

)

v )

)

Ronald Stremel Greenwell, an )

individual; Randee J. Brady, an )

individual; Carla Robbins Lewis, an )

individual )

)

Defendants. )

)

Case No. CIV-S-04-2205 MCE GGH

ORDER

Plaintiff's counsel was ordered to prepare and submit the Order to

Defense counsel. This was done on September 5, 2006. In response Defense

counsel submitted its own settlement agreement containing items and issues not

mentioned in court. Plaintiff's counsel attempted in good faith to successfully

agree upon the wording of this Order; however, he has been unable to do so.

This Order tracks the settlement agreement pursuant to the transcript of the

stipulation of the parties in open court on August 21, 2006, and is being

submitted only by counsel for Coral Lou Sehara and M&I Trust. 

The parties having stipulated in open court on August 21, 2006, and good

Case 2:04-cv-02205-MCE -GGH Document 92 Filed 09/13/06 Page 1 of 5
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Greenwell v. Greenwell Order on Stipulation

Case No. CIV-S-04-2205 MCE GGH Page 2

cause appearing therefore, 

IT IS ORDERED that the Eastern District of California United States District

Court shall continue its jurisdiction until the settlement is completed.

IT IS FURTHER ORDERED that effective August 21, 2006, Marshall & Ilsely Trust

shall be the sole trustee of all trusts created by the grantors, Ralph A. Greenwell

and Adeline S. Greenwell, dated November 20, 1987. 

IT IS FURTHER ORDERED approving the Settlement Agreement stipulated to

by all parties on August 21, 2006 as stated in open court and transcribed. The

terms of the agreement are as follows:

1. With regard to the allocation of assets between the A Trust and B

Trust, the Parties understand and agree that there will be a 60/40

split with Trust A holding 60 percent, and Trust B holding 40 percent.

2. Marshall & Ilsley Trust will revise the account statements to be

consistent and reflect the trust accounting on the allocation

between the A Trust and B Trust.

3. Allocation of B Trust assets among the beneficiaries is as follows:

Ronald Greenwell: 25%

Carla Lewis: 25%

Randee Brady: 25%

Coral Lou Sehara: 6.25%

Lynn Johnson: 6.25%

Each of Coral Lou Sehara’s

6 children: 2.083% 

4. The Parties agree that no trustee fees will be charged by familymember trustees. To the extent that trustee fees have been

advanced or received fees, the person(s) in receipt of such trustee

fees shall reimburse the Trust at a time determined by the Court, or

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Greenwell v. Greenwell Order on Stipulation

Case No. CIV-S-04-2205 MCE GGH Page 3

from the final distribution of trust funds.

5. With regard to the Grass Valley property, the Parties agree that

Marshall& Ilsley Trust has the requisite authority to record a lis

pendens on the property. Marshall & Ilsley will release the property

once they have confirmed that the assets of the trust have been

properly distributed in accordance with the terms of this agreement.

6. The distribution will occur as soon as practicable upon the

completion of the tax return.

7. The necessary Parties will sign any and all documents necessary to

allow Marshall & Ilsely to marshal those assets currently frozen. Once

such assets are added to the trust and the taxes are filed, the

trustee will be in a position to effect trust distribution in accordance

with this agreement. 

8. Currently, there are two life insurance policies that have not been

marshaled: 

American Express Life Insurance Policy, number SP9014060; and 

Transamerica Insurance Policy, number 2551389.

9. The Parties agree that Marshall & Ilsley Trust shall have the authority

to gather the proceeds from the above referenced life insurance

policies and to allocate the distribution of the proceeds in an equal

amount of 25% to the following individuals: Coral Lou Sehara,

Ronald Greenwell, Carla Lewis, and Randee Brady.

10. The Parties understand that the court encourages that all the terms

of this agreement be fully satisfied prior to the next scheduled

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Greenwell v. Greenwell Order on Stipulation

Case No. CIV-S-04-2205 MCE GGH Page 4

hearing of November 27, 2006 at 9:00am.

11. Once the all Parties have received their portion of the Trust

proceeds, the Parties completely and fully release and forever

discharge Marshall & Ilsley Trust, of and from any and all past,

present or future claims, demands, obligations, actions, causes of

action, rights, damages, costs, loss of services, expenses and

compensation which the Parties now have, or which may hereafter

accrue or otherwise be acquired by the Parties, on account of, or in

any way growing out of this matter.

IT IS FURTHER ORDERED the Parties represent and warrant that no other

person or entity has or has had any interest in the claims, demands, obligations,

or causes of action referred to in this agreement, except as otherwise set forth

herein, and that it has not sold, assigned, transferred, conveyed or otherwise

disposed of any of the claims, demands, obligations, or causes of action

referred to in this agreement.

IT IS FURTHER ORDERED this agreement contains the entire agreement

between the Parties with regard to the matters set forth herein and shall be

binding upon and inure to the benefit of the executors, administrators, personal

representatives, heirs, successors, and assigns of each.

IT IS FURTHER ORDERED in entering into this agreement, the Parties each

represents that it has relied upon the legal advice of its attorneys, who are the

attorneys of its own choice and that the terms of this agreement have been

completely read and explained to it by its attorneys, and that those terms are

fully understood and voluntarily accepted by it.

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Greenwell v. Greenwell Order on Stipulation

Case No. CIV-S-04-2205 MCE GGH Page 5

IT IS FURTHER ORDERED all Parties agree to cooperate fully and execute

any and all supplementary documents and to take all additional actions which

may be necessary or appropriate to give full force and effect to the terms and

intent of this agreement.

Dated: September 12, 2006

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

APPROVED AS TO FORM AND CONTENT:

MORRIS LAW FIRM, pllc

/s/ Richard W. Morris

By: Richard W. Morris, J.D.

Attorney for Marshall & Ilsley Trust

DUDUGJIAN & MAXEY

Edward A. Smith

Attorneys for Defendants

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