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BER-L-002337-22 05/11/2023 4:36:49 PM Pg 1 of 1 Trans ID: LCV20231521060
DOCB &
d’Arcambal Ousley & Cuyler Burk LLP
Attorneys at Law
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PLEASE RESPOND TO OUR NJ OFFICE
May 11, 2023
VIA NJ eCourts
Honorable Anthony R. Suarez
10 Main Street, 3rd Floor
Hackensack, NJ 07601
Re: Gary Schlemm, et al v. Nicolas Donato, Jr., et al.
Docket Number: BER-L-2337-22
Our File Number: 407-1191
Dear Judge Suarez:
We represent Defendants, Fortitude Life Insurance & Annuity Company, formerly known as Prudential
Annuities Life Assurance Corporation (improperly pled as Prudential Insurance Company) (“FLIAC”) in this
matter. Enclosed is the Proposed Order for Deposit and Interpleader Relief that was inadvertently omitted from
the Motion for Deposit and Interpleader Relief that was filed yesterday, May 10, 2023 .
Respectfully submitted,
d’Arcambal Ousley & Cuyler Burk, LLP
/s/ Christy A. Ramunno
Christy A. Ramunno, Esq.
CAR:ng
Enclosures
cc: Edmund V. McCann, Esq. (via e-courts filing)
Joseph L. Cabrese, Esq. (via e-courts filing)
Michael P. Longo, Esq. (via e-courts filing)
Jenee Katherine Ciccarelli, Esq. (via e-courts filing)
Lawrence A. Joel, Esq. (via e-courts filing)
Samuel Edward Cohen, Esq. (via e-courts filing)
BER-L-002337-22 05/11/2023 4:36:49 PM Pg 1 of 4 Trans ID: LCV20231521060
D’ARCAMBAL OUSLEY & CUYLER BURK, LLP
Four Century Drive, Suite 250
Parsippany, New Jersey 07054-4663
(973) 734-3200 (Telephone)
(973) 734-3201 (Fax)
Email: cramunno@darcambal.com
By: Christy Ramunno, Esq. (NJ Att. Id. 039011994)
Attorneys for Defendant, Fortitude Life Insurance &
Annuity Company, formerly known as
Prudential Annuities Life Assurance Corporation
(improperly pled as Prudential Insurance Company)
Gerard Schlemm, Individually and as Executor
of the Estate of Gregory Schlemm, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - BERGEN COUNTY
Plaintiff,
v. DOCKET NO. BER-L-002337-22
Nicholas Donato, Jr., Donato Financial Group
LLC, Royal Alliance Associates, Inc., Gary Civil Action
Schlemm, Judith Schlemm, Heather Schlemm,
Anna Marie Brody, Prudential Insurance ORDER GRANTING MOTION FOR
Company, Blackrock, Merrill Lynch, Met Life DEPOSIT AND INTERPLEADER RELIEF
Insurance, Jackson National Life Ins., Janus
and Henderson, Morgan Stanley, Standard
Insurance, and Peter N. Davis and Associates,
LLC Company (A through L) these names
being fictitious,
Defendants.
The above entitled cause having come before the Court upon the Motion of Fortitude Life
Insurance & Annuity Company, formerly known as Prudential Annuities Life Assurance
Corporation (improperly pled as Prudential Insurance Company) (hereinafter “FLIAC”) for entry
of an Order: (1) directing FLIAC to deposit the death benefits due as a result of the death of
Gregory Schlemm (“Annuitant”) for Variable Annuity Contract number FXXXXX892 (“Annuity
892”) and Variable Annuity Contract number FXXXXX072 (“Annuity 072”) (collectively referred
to as “Annuities”), plus applicable claim interest, if any, into the Court’s Registry, (2)
granting FLIAC interpleader relief, (3) discharging FLIAC from any and all liability with
1
BER-L-002337-22 05/11/2023 4:36:49 PM Pg 2 of 4 Trans ID: LCV20231521060
regard to the Annuities and the death benefits payable thereunder and enjoining further
claims/actions, and (4) dismissing FLIAC from this action with prejudice and the Court
having considered the application, and for good cause having been shown,
NOW THEREFORE, it is on this ________ day of __________________, 2023
ORDERED as follows:
1. FLIAC’s Motion for Deposit and Interpleader relief is GRANTED.
2. Within 30 days of FLIAC’s receipt of this Order, FLIAC shall deposit the death
benefits due under Annuity 892 and Annuity 072, together with applicable claim interest, if any,
with the Clerk of this Court. The value of the remaining death benefit fluctuates based upon market
conditions, but on the date of death the value for Annuity 892 was $221,098.57 and Annuity 072
was $350,273.41.1
3. The Clerk of the Superior Court shall than, as soon as the business of his or her
office allows, deposit these funds into an interest-bearing account in a depository designated by
the Chief Justice pursuant to R. 4:57-2(a).
4. The funds shall remain on deposit until further order of this Court.
5. Upon deposit of the Death Benefit in accordance with this Order, FLIAC and its
present and former parents, subsidiaries and affiliated corporations, predecessors, successors and
assigns and their respective officers, directors, agents, employees, representatives, attorneys,
fiduciaries and administrators including The Prudential Insurance Company of America (“PICA”),
1
The amount due under the Annuity is subject to fluctuation and the precise amount of the
death benefit will not be known until a final check is issued for deposit into the Court. In this
respect, the death benefit is based in part on the performance of the funds in which the Annuities
are invested and will be calculated at the time of distribution of the proceeds. Accordingly, the
amount ultimately paid into the Court’s registry may be different than the amount on the date of
the death of the Annuitant.
2
BER-L-002337-22 05/11/2023 4:36:49 PM Pg 3 of 4 Trans ID: LCV20231521060
the Third Party Administrator for FLIAC, shall be, and hereby are, discharged from any and all
liability to Gerard Schlemm, individually and as Executor of the Estate of Gregory Schlemm and
Gary Schlemm relating to Annuity 892 and Annuity 072 and/or the death benefit payable
thereunder, and Gerard Schlemm, individually and as Executor of the Estate of Gregory Schlemm
and Gary Schlemm are permanently enjoined from bringing any action or proceeding in any forum,
or making any further actual or implied claims, demands and causes of action, asserted or
unasserted, liquidated or unliquidated, or bringing any action or proceeding in any forum against
FLIAC and PICA, arising out of or in connection with Annuity 892 and Annuity 072 and/or the
death benefit payable thereunder.
6. All claims, rights, interests and actions that Gerard Schlemm, individually and as
Executor of the Estate of Gregory Schlemm and Gary Schlemm might otherwise have held
against FLIAC and PICA and their present and former parents, subsidiaries and affiliated
corporations, predecessors, successors and assigns and their respective officers, directors, agents,
employees, representatives, attorneys, fiduciaries and administrators, with respect to Annuity 892
and Annuity 072 and/or the death benefit are hereby released.
7. All claims against FLIAC, including any crossclaims asserted or which could have
been asserted as against FLIAC and PICA are hereby dismissed with prejudice, and FLIAC is
hereby dismissed with prejudice and without costs from this litigation.
8. The Court shall retain jurisdiction over the funds on deposit and the remaining
parties who are compelled to litigate, adjust and/or settle among each other their respective and
lawful entitlement to the money to be paid into the Court’s registry by FLIAC, or upon their failure
to do so, this Court shall settle and adjust the claims and determine to whom the within total funds
shall be paid.
3
BER-L-002337-22 05/11/2023 4:36:49 PM Pg 4 of 4 Trans ID: LCV20231521060
9. FLIAC may file an application for attorneys’ fees and costs within fourteen (14)
days of the date herein.
BY THE COURT:
__________________________________
, J.S.C.
MOTION:
_________________ Opposed
_________________ Unopposed
4
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BER-L-002337-22 05/11/2023 4:36:49 PM Pg 1 of 1 Trans ID: LCV20231521060 DOCB & d’Arcambal Ousley & Cuyler Burk LLP Attorneys at Law New York City Office New Jersey Office Philadelphia Office 40 Fulton Street Four Century Drive 1500 Market Street Suite 1005 Suite 350 12th Floor, East Tower New York, NY 10038 Parsippany, NJ 07054 Philadelphia, PA 19102 212-971-3175 | Fax 212-971-3176 973-734-3200 | Fax 973-734-3201 215-665-5658 | Fax 215-569-8228 Direct Dial E-Mail 973.734.3279 ngallis@darcambal.com PLEASE RESPOND TO OUR NJ OFFICE May 11, 2023 VIA NJ eCourts Honorable Anthony R. Suarez 10 Main Street, 3rd Floor Hackensack, NJ 07601 Re: Gary Schlemm, et al v. Nicolas Donato, Jr., et al. Docket Number: BER-L-2337-22 Our File Number: 407-1191 Dear Judge Suarez: We represent Defendants, Fortitude Life Insurance & Annuity Company, formerly known as Prudential Annuities Life Assurance Corporation (improperly pled as Prudential Insurance Company) (“FLIAC”) in this matter. Enclosed is the Proposed Order for Deposit and Interpleader Relief that was inadvertently omitted from the Motion for Deposit and Interpleader Relief that was filed yesterday, May 10, 2023 . Respectfully submitted, d’Arcambal Ousley & Cuyler Burk, LLP /s/ Christy A. Ramunno Christy A. Ramunno, Esq. CAR:ng Enclosures cc: Edmund V. McCann, Esq. (via e-courts filing) Joseph L. Cabrese, Esq. (via e-courts filing) Michael P. Longo, Esq. (via e-courts filing) Jenee Katherine Ciccarelli, Esq. (via e-courts filing) Lawrence A. Joel, Esq. (via e-courts filing) Samuel Edward Cohen, Esq. (via e-courts filing) BER-L-002337-22 05/11/2023 4:36:49 PM Pg 1 of 4 Trans ID: LCV20231521060 D’ARCAMBAL OUSLEY & CUYLER BURK, LLP Four Century Drive, Suite 250 Parsippany, New Jersey 07054-4663 (973) 734-3200 (Telephone) (973) 734-3201 (Fax) Email: cramunno@darcambal.com By: Christy Ramunno, Esq. (NJ Att. Id. 039011994) Attorneys for Defendant, Fortitude Life Insurance & Annuity Company, formerly known as Prudential Annuities Life Assurance Corporation (improperly pled as Prudential Insurance Company) Gerard Schlemm, Individually and as Executor of the Estate of Gregory Schlemm, SUPERIOR COURT OF NEW JERSEY LAW DIVISION - BERGEN COUNTY Plaintiff, v. DOCKET NO. BER-L-002337-22 Nicholas Donato, Jr., Donato Financial Group LLC, Royal Alliance Associates, Inc., Gary Civil Action Schlemm, Judith Schlemm, Heather Schlemm, Anna Marie Brody, Prudential Insurance ORDER GRANTING MOTION FOR Company, Blackrock, Merrill Lynch, Met Life DEPOSIT AND INTERPLEADER RELIEF Insurance, Jackson National Life Ins., Janus and Henderson, Morgan Stanley, Standard Insurance, and Peter N. Davis and Associates, LLC Company (A through L) these names being fictitious, Defendants. The above entitled cause having come before the Court upon the Motion of Fortitude Life Insurance & Annuity Company, formerly known as Prudential Annuities Life Assurance Corporation (improperly pled as Prudential Insurance Company) (hereinafter “FLIAC”) for entry of an Order: (1) directing FLIAC to deposit the death benefits due as a result of the death of Gregory Schlemm (“Annuitant”) for Variable Annuity Contract number FXXXXX892 (“Annuity 892”) and Variable Annuity Contract number FXXXXX072 (“Annuity 072”) (collectively referred to as “Annuities”), plus applicable claim interest, if any, into the Court’s Registry, (2) granting FLIAC interpleader relief, (3) discharging FLIAC from any and all liability with 1 BER-L-002337-22 05/11/2023 4:36:49 PM Pg 2 of 4 Trans ID: LCV20231521060 regard to the Annuities and the death benefits payable thereunder and enjoining further claims/actions, and (4) dismissing FLIAC from this action with prejudice and the Court having considered the application, and for good cause having been shown, NOW THEREFORE, it is on this ________ day of __________________, 2023 ORDERED as follows: 1. FLIAC’s Motion for Deposit and Interpleader relief is GRANTED. 2. Within 30 days of FLIAC’s receipt of this Order, FLIAC shall deposit the death benefits due under Annuity 892 and Annuity 072, together with applicable claim interest, if any, with the Clerk of this Court. The value of the remaining death benefit fluctuates based upon market conditions, but on the date of death the value for Annuity 892 was $221,098.57 and Annuity 072 was $350,273.41.1 3. The Clerk of the Superior Court shall than, as soon as the business of his or her office allows, deposit these funds into an interest-bearing account in a depository designated by the Chief Justice pursuant to R. 4:57-2(a). 4. The funds shall remain on deposit until further order of this Court. 5. Upon deposit of the Death Benefit in accordance with this Order, FLIAC and its present and former parents, subsidiaries and affiliated corporations, predecessors, successors and assigns and their respective officers, directors, agents, employees, representatives, attorneys, fiduciaries and administrators including The Prudential Insurance Company of America (“PICA”), 1 The amount due under the Annuity is subject to fluctuation and the precise amount of the death benefit will not be known until a final check is issued for deposit into the Court. In this respect, the death benefit is based in part on the performance of the funds in which the Annuities are invested and will be calculated at the time of distribution of the proceeds. Accordingly, the amount ultimately paid into the Court’s registry may be different than the amount on the date of the death of the Annuitant. 2 BER-L-002337-22 05/11/2023 4:36:49 PM Pg 3 of 4 Trans ID: LCV20231521060 the Third Party Administrator for FLIAC, shall be, and hereby are, discharged from any and all liability to Gerard Schlemm, individually and as Executor of the Estate of Gregory Schlemm and Gary Schlemm relating to Annuity 892 and Annuity 072 and/or the death benefit payable thereunder, and Gerard Schlemm, individually and as Executor of the Estate of Gregory Schlemm and Gary Schlemm are permanently enjoined from bringing any action or proceeding in any forum, or making any further actual or implied claims, demands and causes of action, asserted or unasserted, liquidated or unliquidated, or bringing any action or proceeding in any forum against FLIAC and PICA, arising out of or in connection with Annuity 892 and Annuity 072 and/or the death benefit payable thereunder. 6. All claims, rights, interests and actions that Gerard Schlemm, individually and as Executor of the Estate of Gregory Schlemm and Gary Schlemm might otherwise have held against FLIAC and PICA and their present and former parents, subsidiaries and affiliated corporations, predecessors, successors and assigns and their respective officers, directors, agents, employees, representatives, attorneys, fiduciaries and administrators, with respect to Annuity 892 and Annuity 072 and/or the death benefit are hereby released. 7. All claims against FLIAC, including any crossclaims asserted or which could have been asserted as against FLIAC and PICA are hereby dismissed with prejudice, and FLIAC is hereby dismissed with prejudice and without costs from this litigation. 8. The Court shall retain jurisdiction over the funds on deposit and the remaining parties who are compelled to litigate, adjust and/or settle among each other their respective and lawful entitlement to the money to be paid into the Court’s registry by FLIAC, or upon their failure to do so, this Court shall settle and adjust the claims and determine to whom the within total funds shall be paid. 3 BER-L-002337-22 05/11/2023 4:36:49 PM Pg 4 of 4 Trans ID: LCV20231521060 9. FLIAC may file an application for attorneys’ fees and costs within fourteen (14) days of the date herein. BY THE COURT: __________________________________ , J.S.C. MOTION: _________________ Opposed _________________ Unopposed 4