Unum Life Insurance Company of America v. Smith et al (JOINT ASSIGN)(MAG+)
| Unum Life Insurance Company of America |
| Kimberly Smith and Sonya Moman |
| 2:2017cv00489 |
| July 21, 2017 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| XX US, Outside State |
| Susan Russ Walker |
| William Keith Watkins |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
77
ORDER: it is ORDERED that: 1) The Magistrate Judge's 74 Recommendation is ADOPTED; 2) Sonya Moman's claims to the $50,000.00 life insurance proceeds from group policy number 294131 are DISMISSED with prejudice for failure to obey court orders and failure to prosecute; 3) The life insurance proceeds at issue from group policy number 294131 are awarded to the sole remaining claimant Kimberly Smith (decedent's daughter); and 4) The pending 64 Motion for Summary Judgment by Kimberly Smith and Smith's 66 Motion to Compel Moman to Fully Respond to Discovery Requests by Smith are DENIED as moot; DIRECTING the Clerk to wait the requisite period for the expiration of the time for appeal, after the Clerk receives an y necessary documentation from the payee, such as W-9 forms, as further set out in order; further ORDERED that the Clerk of the Court issue a check drawn on ServisFirst Bank (designated bank), where the interpleader funds are deposited in a Money Mar ket Account, for the principal amount of $50,074.66, plus all earned interest, to date; This check shall be made payable to ServisFirst Bank (designated bank); The designated bank shall provide the Clerk of the Court with two official checks pay able as follows: 1) To Kimberly Smith in the amount of $50,074.66, plus 90% of all earned interest; 2) To the Clerk of the Court for 10% of all earned interest; Pursuant to 28 USC 1914(b) and FRDOC 91-26415 reported at 56 Fed. Reg. 563 56 (November 4, 1991), and directions received from the Administrative Office of the U.S. Courts on February 7, 1992, the Clerk of the Court shall pay into the U.S. Treasury an amount equal to 10% of the earned interest as a fee for handling sai d interpleader funds; further DIRECTING the Clerk to receipt said 10% into the 510100 fund for the U.S. Treasury; further ORDERED that the Clerk of the Court shall mail Plf's check by certified mail, with a return receipt, to her attorney, James E. Long at his address of record. Signed by Chief Judge William Keith Watkins on 7/12/2018. (furn: Finance, Clerk) (wcl, )
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