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Old 10-08-2008, 12:55 PM
ERISAVictim
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Default ERISA Litigation (Waiting on Proposed Order)

Greetings,

Anyone know the standard time it takes a US District Judge (Central California) to sign a Proposed Order? This is for a Default. The Proposed Order was submitted on 8/19/2008.

This was an ERISA case where the Primary Beneficiary (via Facility of Payment Clause) was convicted of 1st Degree Murder, Attempted Murder and Solicitation to Commit Murder. Because their criminal case is on appeal, the Life Insurance Company elected to take the Interpleader avenue eventhough California's Slayer Statute protects them. Because this was an ERISA covered plan. Keep in mind we (the children) did not seek any of the funds until after her conviction, and it took over 4 years to get to the trial from the time she murdered our father.

So, all attorney fees are being deducted for MetLife out of what should be going to the children, and the children have to pay the all their attorney fees, which means a total of about $25,000.00 that should have gone to them is going to legal fees due to our laws being flawed.

But, we thought most Judges want to clear their calendar and Default's are supposed to be quick. This Judge appears to be sitting on this for some reason and we are fast approaching 60 days.

Our attorney charges minimum $30.00 just to say, "Still Pending, but I will follow-up"

Appreciate any information that may help us better understand the legal process.

Currently with the market, we may be out of work and this money will help us remain in a home instead of being on the street.
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Old 10-08-2008, 06:12 PM
moderator moderator is offline
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I am sorry, I just don't know.
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